Bid-rigging and Joint Tendering – When are They Prohibited under Hong Kong’s Competition Ordinance?

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Since the Hong Kong Competition Ordinance came into force in December 2015, there has been a significant focus on bid-rigging conduct. What has been less discussed is the legality of joint tendering, which is commonplace in many industries in Hong Kong. Common questions that are asked about joint tendering include: ’can joint tendering ever be bid-rigging?’ and ’would joint tendering be acceptable as long as the person calling the tender knows about the co-operation?’ This update explores when bid-rigging and joint tendering would be prohibited under Hong Kong’s Competition Ordinance.