“leniency agreement” (寬待協議) means a leniency agreement made under section 80;
“member” (委員), in relation to the Commission, means a member of the Commission appointed under section 2 of Schedule 5;
“merger” (合併) has the meaning given by section 3 of Schedule 7 read together with section 5 of that Schedule;
“merger rule” (合併守則) has the meaning given by section 3 of Schedule 7;
“person” (人), in addition to the meaning given by section 3 of the Interpretation and General Clauses Ordinance (Cap. 1), includes an undertaking;
“President” (主任法官) means the President of the Tribunal appointed under section 136;
“reviewable determination” (可覆核裁定) has the meaning given by section 83;
“second conduct rule” (第二行為守則) has the meaning given by section 21;
“serious anti-competitive conduct” (嚴重反競爭行為) means any conduct that consists of any of the following or any combination of the following—
- (a) fixing, maintaining, increasing or controlling the price for the supply of goods or services;
- (b) allocating sales, territories, customers or markets for the production or supply of goods or services;
- (c) fixing, maintaining, controlling, preventing, limiting or eliminating the production or supply of goods or services;
- (d) bid-rigging;
- Note—
- See also subsection (2).
“shadow director” (幕後董事), in relation to a company, means a person in accordance with whose directions or instructions all the directors or a majority of the directors of the company are accustomed to act, but a person is not to be regarded as a shadow director by reason only that all the directors or a majority of the directors act on advice given by that person in a professional capacity;
“statutory body” (法定團體) means a body of persons, corporate or unincorporate, established or constituted by or under an Ordinance or appointed under an Ordinance, but does not include—
- (a) a company;
- (b) a corporation of trustees incorporated under the Registered Trustees Incorporation Ordinance (Cap. 306);
- (c) a society registered under the Societies Ordinance (Cap. 151);
- (d) a co-operative society registered under the Co-operative Societies Ordinance (Cap. 33); or
- (e) a trade union registered under the Trade Unions Ordinance (Cap. 332);
