The Bill aims to promote fair and effective competition in the
market to protect consumers' interests as well as to help
businesses to make informed decisions on mergers and
acquisitions.
Speaking on the draft law, a spokesman for the Information
Technology and Broadcasting Bureau said the Bill was a major step
forward in enhancing competition in the telecommunications market
that would be necessary to strengthen Hong Kong's position as an
information technology and telecommunications hub in the
region.
Under the bill, the Telecommunications Authority (TA) may direct
a carrier licensee to take such actions as the Authority considers
necessary to eliminate any anti-competitive effect if the Authority
considers that a change in the ownership or control over a carrier
licensee has, or is likely to have, the effect of substantially
lessening competition in a telecommunications market.
Alternatively, a carrier licensee may also seek the prior
consent of the Authority on a voluntary basis to the proposed
change in ownership or control.
"This will give a choice to the carrier licensee whether to seek
consent taking into account the risk of being penalised
subsequently if the activity is found to be anti-competitive," the
spokesman said.
Carrier licensees include the local fixed telecommunications
network services operators (including TV broadcasters who own or
operate transmission facilities), external fixed telecommunications
network services operators, mobile operators and satellite
operators.
