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In Competition Commission v Nutanix Hong Kong Ltd, the Competition Commission commenced its first legal proceedings under the Competition Ordinance. This case clarified the scope of the direct use prohibition in s.45(2). Under s.45, the statements cannot be used against the persons who made them in the proceedings mentioned in s.45, but can be used against third parties. This case suggests that the privilege against self-incrimination does not extend for the benefit of a third party, such as one’s employer.

For further reading, see:

Halsbury’s Laws of Hong Kong on Competition [113.144]

Annotated Ordinances of Hong Kong on Competition Ordinance [45.03]

Butterworths Hong Kong Competition Law Handbook - http://bit.ly/2x8b32C

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