Brick Court Chambers

News & Events

‘One of the super-sets’, Brick Court Chambers is ‘an all-round strong’ set with ‘a large selection of high-quality competition law specialists’, ‘top commercial counsel’, ‘an excellent chambers for banking litigation’, and a ‘go-to’ set for public administrative law.
The Legal 500 2020
The clerks’ room ‘sets the benchmark’ for other sets with its ‘friendly, knowledgeable, and hardworking’ clerks.
The Legal 500 2020
"An outstanding commercial set with a track record of excellence across its core areas of work."
Chambers & Partners 2018
"A set that is singled out for its "first-rate" clerking and "client service-oriented, commercial approach."

Hong Kong Competition Commission decides important pharmaceutical case


On 22 October 2019, following a notification by the Hong Kong Association of the Pharmaceutical Industry, the Hong Kong Competition Commission published its first ever decision in relation to an information exchange involving the leading producers of prescription and over-the-counter medicines in Hong Kong.

The Commission decided that the proposed information exchange was not excluded from the First Conduct Rule (that prohibits anti-competitive arrangements) on the grounds of economic efficiency.  The Commission noted, however, that the sharing of company total sales data comprised of at least four pharmaceutical products would be unlikely to raise any competition law concerns in this sector.

The Commission’s decision also establishes several principles that apply to exchanges of information between competitors.  For example, competition concerns may arise where competitors exchange commercially sensitive information relating to future prices and quantities. But the exchange of data that is historical, aggregated and anonymised or publicly available data is less likely to restrict or distort competition.  

The decision is here and the press release here.

David Bailey advised the Hong Kong Competition Commission.