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Hong Kong disclosureleniency cooperationwithout prejudice privilege

Competition Commission v ATAL Building Services Engineering Limited [2025] HKCA 1120

[2025] HKCA 1120
JurisdictionHong Kong
CourtHong Kong Court of Appeal
Year2025
StatusBinding authority

Key Principle

In competition enforcement proceedings, correspondence and communications underlying a respondent's cooperation/leniency agreement with the Competition Commission are disclosable to non-settling respondents on fairness grounds (the 'warts and all' principle for accomplice evidence) and are not protected by without prejudice privilege once a settlement is successfully concluded, though the Tribunal may impose confidentiality safeguards.

Area of Law

competition

Related Cases

Competition Commission v Gray Line Tours of Hong Kong Ltd [2025] HKCT 4
Competition Commission v W Hing Construction Co Ltd [2022] 3 HKLRD 84
Competition Commission v Kam Kwong Engineering Co Ltd [2020] HKCT 3

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