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HKTVN (1137) v Chief Executive in Council

HK Court of Appeal, 6-Apr-2016

The Court of Appeal overturns the First Instance ruling and holds that "no artificial limits" on the number of TV licences does not preclude the CE from adopting a limit in a "gradual and orderly" approach to avoid "over-competition, vicious competition or industry fallout". In our view, the court is wrong. When a Government decides a limit, that's artificial. When the market finds a limit through competition, and when some players succeed and others fail, that's natural. Whatever next - a limit on the number of newspapers to prevent "over-competition"? Ironically, ATV failed anyway, despite Government efforts to protect it from "industry fallout".

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