Hong Kong Proposes Information-Gathering Powers for Competition Commission Market Assessments
The 2026 Policy Address proposes consulting LegCo on compulsory information-gathering for Competition Commission market assessments. It is not yet law.
The 2026 Policy Address, published on 16 September, states that the Hong Kong Government will consult the Legislative Council this year on a legislative proposal to give the Competition Commission compulsory information-gathering powers when conducting market assessments. The proposal concerns a possible future framework. It has not been enacted, and the announcement does not itself create a new obligation for enterprises to submit information under that proposed power.
What the proposal says
Paragraph 364 says the proposed power would allow the Commission, where it has reasonable cause to suspect that a feature of a market affects competition, to require enterprises to provide information. The stated purpose is to identify potential market issues and maintain an environment conducive to fair competition.
The announced scope is market assessments. It is not a finding that a particular market or enterprise has breached competition law. Nor does the announcement specify which enterprises would be approached, what information would be requested, or a date when any new power would take effect. Those matters depend on the subsequent consultation and legislative process.
Why businesses may watch the consultation
Businesses in markets that could be assessed may want to follow the consultation for the proposed scope, safeguards and practical impact. At a high level, management can consider where information about pricing, distribution, platform access or market conditions is held internally; who would coordinate a response to any future, valid request; and whether existing record ownership and governance arrangements are clear. This is forward-looking planning, not an instruction to compile or submit information now.
It would be premature to treat the proposal as a commenced legal requirement, predict an investigation, or infer a mandatory request merely from a company's market position. Firms should refer to the eventual legislative text and official Commission guidance if the proposal proceeds, and seek appropriate professional advice on any actual request.
Lifecycle to track
- Announced: The Policy Address sets out the Government's intention to consult LegCo in 2026.
- Pending: The consultation and any legislative text or timetable need separate official confirmation.
- Not established by this announcement: Enactment, commencement, specific request procedures or new obligations for enterprises.
Disclaimer: General business information only; not legal or competition-law advice. Existing law continues to apply independently of this proposed change. Do not interpret this article as a guide to responding to a statutory request or determining whether one is valid.
---