- (a) contributes to—
- (i) improving production or distribution; or
- (ii) promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit;
- (b) does not impose on the undertakings concerned restrictions that are not indispensable to the attainment of the objectives stated in paragraph (a); and
- (c) does not afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the goods or services in question.
2. Compliance with legal requirements
(1) The first conduct rule does not apply to an agreement to the extent that it is made for the purpose of complying with a legal requirement.
(2) The second conduct rule does not apply to conduct to the extent that it is engaged in for the purpose of complying with a legal requirement.
(3) In this section—
“legal requirement” (法律規定) means a requirement—
- (a) imposed by or under any enactment in force in Hong Kong; or
- (b) imposed by any national law applying in Hong Kong.
3. Services of general economic interest etc.
Neither the first conduct rule nor the second conduct rule applies to an undertaking entrusted by the Government with the operation of services of general economic interest in so far as the conduct rule would obstruct the performance, in law or in fact, of the particular tasks assigned to it.
4. Mergers
(1) To the extent to which an agreement (either on its own or when taken together with another agreement) results in, or if carried out would result in, a merger, the first conduct rule does not apply to the agreement.
(2) To the extent to which conduct (either on its own or when taken together with other conduct) results in, or if engaged in would result in, a merger, the second conduct rule does not apply to the conduct.
5. Agreements of lesser significance
(1) The first conduct rule does not apply to—
