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Hong Kong
disclosureleniency cooperationwithout prejudice privilege
Competition Commission v ATAL Building Services Engineering Limited [2025] HKCA 1120
[2025] HKCA 1120
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
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