Kelvin Kwok
Department of Law
Associate Professor
Associate Dean (Academic Affairs)
Biography
Kelvin HF Kwok is Associate Professor of Law at The University of Hong Kong. He is also Deputy Director of the Asian Institute of International Financial Law and Professorial Fellow of the Law and Technology Centre.
He specialises in the comparative, economic and philosophical analysis of competition and consumer law and policy, with particular interest in technology-related issues. His monograph on Hong Kong competition law (co-authored with Thomas Cheng) will soon be published by Cambridge University Press.
He has advised on a wide range of competition and consumer matters as a practising barrister at Des Voeux Chambers, a non-governmental advisor to the International Competition Network, and a co-opted member of the Consumer Council.
Research Area
- Competition Law
- Consumer Law
- Private Law
- Law and Technology
- Law and Economics
- Legal Theory / Jurisprudence
more details
Select Publications
Monograph
Hong Kong Competition Law: Comparative and Theoretical Perspectives (Cambridge: Cambridge University Press, forthcoming 2020) (with Thomas K. Cheng)
Book Chapters
“Procedural Fairness in Hong Kong Competition Law” in Daniel Sokol and Andrew Guzman (eds), Antitrust Procedural Fairness (Oxford: Oxford University Press 2019) 112-130 (with Thomas K. Cheng)
“The Belt and Road Initiative: Co-operation in Trade Liberalisation and Antitrust Enforcement” in Yun Zhao (ed), International Governance and the Rule of Law in China under the Belt and Road Initiative (Cambridge: Cambridge University Press 2018) 104-131
Journal Publications
“Optimal Deterrence, the Illegality Defence, and Corporate Attribution” (2019) 20 European Business Organization Law Review (published as “First Online” in May 2019) (with Ernest Lim)
“Object and Intention under Article 101 TFEU: Lessons from Australia, New Zealand and Analytical Jurisprudence” (2019) 48 Common Law World Review 114-141
“The Concept of ‘Agreement’ under Article 101 TFEU: A Question of EU Treaty Interpretation” (2019) 44 European Law Review 196-221
“Re-conceptualizing ‘Object’ Analysis under Article 101 TFEU: Theoretical and Comparative Perspectives” (2018) 14 Journal of Competition Law & Economics (Oxford) 467-492 (one of the 9 academic articles in the Concerted Practices category selected for the 2019 Concurrences Antitrust Writing Awards)
“Judicial Control of Local Protectionism in China: Antitrust Enforcement Against Administrative Monopoly on the Supreme People’s Court” (2017) 13 Journal of Competition Law & Economics (Oxford) 549-575 (with Eric C. Ip) (one of the 9 academic articles in the Asian Antitrust category selected for the 2018 Concurrences Antitrust Writing Awards)
“A Neglected Theory of Harm: Joint Ventures as Facilitators of Collusion Across Markets” (2017) 5 Journal of Antitrust Enforcement (Oxford) 434-457 (with Thomas K. Cheng) (one of the 7 academic articles in the Concerted Practices category selected for the 2017 Concurrences Antitrust Writing Awards; won the Readers’ Vote and one of 2 finalists considered for the Best Academic Antitrust Article in the Concerted Practices category)
“Antitrust Enforcement and State Restraints at the Mainland China-Hong Kong Interface: The Importance of Bilateral Antitrust Co-operation” (2017) 12 Asian Journal of Comparative Law (Cambridge) 335-369
“The Standard of Proof in Civil Competition Law Proceedings” (2016) 132 Law Quarterly Review 541-547
“Protection of a Reputable Foreign Trader’s Legitimate Interests under the Law of Passing-off” (2016) 132 Law Quarterly Review 186-192
“Google Book Search, Transformative Use, and Commercial Intermediation: An Economic Perspective” (2015) 17 Yale Journal of Law & Technology 283-318
“The Rule in Seldon v Davidson and the ‘Absence of Basis’ Approach Revisited in Hong Kong” (2015) 23 Restitution Law Review 128-133 (with Martin Kok)
“The New Hong Kong Competition Law: Anomalies and Challenges” (2014) 37 World Competition 541-567 (awarded the HKU Faculty Research Output Prize 2015; shortlisted for the journal’s Young Writers’ Award 2014)
“Liability of Online Service Providers for Defamatory Content: The Case of Discussion Forums” (2014) 130 Law Quarterly Review 206-211
“A New Approach to Resolving Refusal to License Intellectual Property Rights Disputes” (2011) 34 World Competition 261-286 (shortlisted for the journal’s Young Writers’ Award 2011)
“A Rule of Reason Approach to the Antitrust Issues of the Google Book Search Settlement” (2011) 10 DePaul Business & Commercial Law Journal 1-53 (one of the 24 academic articles in the General Antitrust category selected for the 2012 Concurrences Antitrust Writing Awards)
“Unlocking the Potential of Creative Commons for Hong Kong’s Education and Creative Sectors” (2010) 40 Hong Kong Law Journal 381-415