What to do if I am a victim of anti-competitive conduct?

For more information about how to find out whether you may have been harmed by unlawful anti-competitive conduct:

• Am I a victim of a cartel?
• Am I a victim of an abuse of substantial market power?

Before making a complaint

• Though not required, you can consider seeking legal advice before making a complaint to the Commission, especially if you want to do so anonymously.
• It will help the Commission evaluate your complaint if you can provide:

1. 1. factual information regarding the conduct being complained about;
   2. information on any documents related to the conduct (such as records of conversations in any form), you may be asked to provide copies of those documents;
   3. information about the party or parties involved in the conduct, including their contact information where known;
   4. information concerning the impact of the conduct on you or your company;
   5. information about other parties affected by the conduct, including information on how those parties are affected and their contact information where known; and
   6. any other information such as your name, job title, address, telephone and email address in the case of a non-anonymous complaint.

• The Commission’s ability to effectively investigate a complaint may be impeded where the complaint is publicised or otherwise widely known. The Commission therefore usually asks complainants to keep their complaints confidential.
• The Commission will not normally comment on what matters it is considering or investigating.

After making a complaint

• The Commission usually acknowledges receipt of the complaint within two working days when contact details are provided.
• The Commission may need more information to assess your complaint. You should expect to be contacted by the Commission and asked to provide more information.
• You may expect a written reply on the progress (or result) of the Commission’s assessment of the complaint within 28 working days.
• The Commission has discretion over which complaints it will pursue. For example, it may decide not to investigate a complaint if it determines that the conduct involved does not breach competition law or if the evidence is insufficient to justify further action. Additionally, the Commission may decide to proceed with an investigation even if the complainant is no longer willing to cooperate.
• The complainant will be informed if the Commission decides to take no further action.
• The Commission may determine that the complaint does not relate to unlawful anti-competitive conduct. In such circumstances, the Commission may recommend that you raise your concern with other relevant agencies such as the Consumer Council, while confirming the Commission’s decision not to take further action.
• If the Commission decides to pursue the complaint, it will do so by conducting an “Initial Assessment”.
• Depending on individual cases, the Commission may conduct interviews / meetings with you to gather information and evidence for preliminary review or investigation purposes. As a general practice, the Commission will use its best endeavour to minimise any inconvenience to the complainant. For instance, interviews can be arranged at a time and place most convenient to you.
• You may be asked to provide assistance during an investigation including the provision of a personal statement. You will be asked to testify as witness in the Tribunal if deemed necessary.
• Depending on the case’s complexity, investigation may take months or longer. A complainant will be notified of the results upon completion of an investigation.

Will my information be made public or disclosed to the company I am complaining about?

• The Commission is under a legal obligation to preserve the confidentiality of any confidential information you have provided to it, including information related to your identity.
• The Commission can disclose confidential information in certain circumstances. Even under those circumstances, the Commission will not normally disclose your identity as a complainant without your consent.
• In exceptional cases, the Commission may need to disclose your identity as a complainant without your consent. This may occur if ordered by the courts or if the Commission deems it essential for fulfilling its functions or carrying out actions authorised by the Ordinance.

Other questions

Will I receive a reward if I report an anti-competitive conduct?

The Commission does not provide any rewards or payments for information about unlawful conduct.

Will I be compensated for the damages caused by anti-competitive conduct?

Where there has been an admission of liability or a decision by the Competition Tribunal that there has been a contravention of the Ordinance, you as a victim of the anti-competitive behaviour may take follow-on actions against the relevant parties for any loss and damages caused by the contravention.