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B. Exclusions and exemptions

 

The following exclusions and exemptions are provided for:

 

  1. The Merger Rule does not apply to a merger if the economic efficiencies that arise or may arise from the merger outweigh the adverse effects caused by any lessening of competition in Hong Kong.
  2. The Chief Executive in Council may, by order published in the Gazette, exempt a specified merger or proposed merger from the application of the Merger Rule if he or she is satisfied that there are exceptional and compelling reasons of public policy for doing so.
  3. The Merger Rule does not apply to a statutory body as defined the Competition Ordinance, unless it is specified in a regulation made by the Chief Executive in Council that, inter alia, the Merger Rule applies to the statutory body, or to the statutory body to the extent that it is engaged in an activity specified in the regulation.
  4. The Merger Rule does not apply to a person specified in a regulation made by the Chief Executive in Council, which provides that, inter alia, the Merger Rule disapplies to such specified person, or to such specified person to the extent that the person is engaged in an activity specified in the regulation.

(Source: Commission’s Guideline on the Merger Rule Paras 4.2 & 4.12-4.14)

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