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Last hurdle for competition law

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The Legislative Council looks set to pass the competition bill within days - but whether it will be seen as a powerful tool against anti-competitive behaviour or as ineffective and watered down remains in question.

The bill - under discussion for more than a decade - bans anti-competitive practices such as price-fixing and bid-rigging. However, government concessions on the size of penalties and the introduction of a turnover threshold for prosecutions have dampened enthusiasm.

But while academics and lawmakers believe the law will usher in a more efficient environment for business and erode long-held anti-competitive practices, the small businesspeople the law was intended to help doubt they will ever be able to use it.

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The bill, which could come before Legco as soon as Wednesday, has secured pledges of support from 34 of the 60 lawmakers, with the pan-democrat camp and the pro-government Democratic Alliance for the Betterment and Progress of Hong Kong lining up behind it. Lawmaker Ronny Tong Ka-wah, of the pan-democrat Civic Party, said he would support the bill despite two rounds of concessions to the business lobby.

'At least the four hardcore conducts [price-fixing, bid-rigging, market-sharing and agreeing to limit the quantity of a product in the market] will still be curbed,' Tong said. 'Having a law is better than none.'

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Thomas Cheng Kin-hon, chairman of the Consumer Council's working group on the competition bill, said the law would mark the start of a shift in the city's business culture.

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