21.Abuse of market power
(1)An undertaking that has a substantial degree of market power in a market must not abuse that power by engaging in conduct that has as its object or effect the prevention, restriction or distortion of competition in Hong Kong.
(2)For the purpose of subsection (1), conduct may, in particular, constitute such an abuse if it involves—
(a)predatory behaviour towards competitors; or
(b)limiting production, markets or technical development to the prejudice of consumers.
(3)Without limiting the matters that may be taken into account in determining whether an undertaking has a substantial degree of market power in a market, the following matters may be taken into consideration in any such determination—
(a)the market share of the undertaking;
(b)the undertaking’s power to make pricing and other decisions;
(c)any barriers to entry to competitors into the relevant market; and
(d)any other relevant matters specified in the guidelines issued under section 35 for the purposes of this paragraph.
(4)The prohibition imposed by subsection (1) is referred to in this Ordinance as the second conduct rule .