Academic Staff

Kelvin Kwok 郭曉暉

Assistant Professor of Law
BBA(Law), LLB (HKU); LLM (Chicago)

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Assistant Professor Kelvin Kwok’s research and teaching focus on competition law and policy and the intersection of law, markets and technology. His publications have appeared or will appear in journals including Asian Journal of Comparative Law (CUP), Journal of Antitrust Enforcement (OUP), Law Quarterly Review, Restitution Law Review, World Competition, and Yale Journal of Law and Technology. He has recently been awarded a General Research Fund (GRF) grant (as the Principal Investigator) by the Hong Kong Research Grants Council, as well as the Research Output Prize and the Outstanding Teaching Award by the HKU Faculty of Law. He serves as Associate Editor of the China Antitrust Law Journal and Articles Editor of the Hong Kong Law Journal.

He also serves as Co-Director of the BBA(Law)&LLB programme and Director of the international mooting programme at the HKU Faculty of Law. He has coached students for two international moot competitions, the Herbert Smith Freehills Competition Law Moot (winning the championship in 2016) and the Oxford International Intellectual Property Law Moot (winning the championship in 2014).

He is also a practising barrister at Des Voeux Chambers, with professional experience in competition law encompassing dispute resolution, exemption/exclusion-related applications, and advisory/consultancy work (including pre-IPO opinion). He has advised the Hong Kong Competition Commission and private parties in various sectors of the economy.

Active in the Hong Kong competition law community, he regularly gives seminars and media interviews, and serves on the Hong Kong Bar Association’s Special Committee on Competition Law, the Hong Kong Consumer Council’s Competition Policy Committee, and the Hong Kong Competition Association’s Executive Committee, and as a Non-Governmental Advisor to the International Competition Network.

Awards

Recent Awards

HKU Faculty of Law Outstanding Teaching Award (2016)
HKU Faculty of Law Research Output Prize (2015)

Journal Editorship

Current Editorial Appointments

Associate Editor, China Antitrust Law Journal
Articles Editor, Hong Kong Law Journal

Research

Select Publications

‘One Belt, One 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 One Belt One Road Initiative (Cambridge University Press __, forthcoming)

‘Abuse of Dominance in the Hong Kong Television Sector’ in Sandra Marco Colino (ed), Competition in Telecommunications Markets: Key Regulatory Challenges (Wolters Kluwer 2017, forthcoming)

‘Antitrust Enforcement and State Restraints at the Mainland China-Hong Kong Interface: the Importance of Bilateral Cooperation between Antitrust Authorities’ 12 Asian Journal of Comparative Law __ (2017, forthcoming)

‘A Neglected Theory of Harm: Joint Ventures as Facilitators of Collusion Across Markets’ __ Journal of Antitrust Enforcement __ (forthcoming) (with Thomas Cheng) (shortlisted for the 2017 Concurrences Antitrust Writing Awards)

‘The Standard of Proof in Civil Competition Law Proceedings’ (2016) 132 Law Quarterly Review 541

‘Protection of a Foreign Trader’s Legitimate Interests under the Law of Passing-Off’ (2016) 132 Law Quarterly Review 186

‘Google Book Search, Transformative Use, and Commercial Intermediation: An Economic Perspective’ (2015) 17 Yale Journal of Law & Technology 283

‘The Rule in Seldon v Davidson and the “Absence of Basis” Approach Revisited in Hong Kong’ (2015) 23 Restitution Law Review 128 (with Martin Kok)

‘The New Hong Kong Competition Law: Anomalies and Challenges’ (2014) 37 World Competition 541 (awarded the 2015 Faculty Research Output Prize; nominated for the journal’s Young Writers’ Award)

‘Liability of Online Service Providers for Defamatory Content: The Case of Discussion Forums’ (2014) 130 Law Quarterly Review 206

‘A Rule of Reason Approach to the Antitrust Issues of the Google Book Search Settlement’ (2011) 10 DePaul Business & Commercial Law Journal 1 (shortlisted for the 2012 Concurrences Antitrust Writing Awards)

‘A New Approach to Resolving Refusal to License Intellectual Property Rights Disputes’ (2011) 34 World Competition 261 (nominated for the journal’s Young Writers’ Award)

‘Unlocking the Potential of Creative Commons for Hong Kong’s Education and Creative Sectors’ (2010) 40 Hong Kong Law Journal 381

Research Grants

Buyer Power under Competition Law: A Theoretical Examination and a Case Study of Hong Kong, General Research Fund (GRF) (as Principal Investigator) (2017–present)

Analysis of Intellectual Property Licence Refusals under the Chinese Anti-Monopoly Law, Seed Funding Programme for Basic Research (as Principal Investigator) (2016–present)

Competition Law Enforcement against Abuses of Market Power in Hong Kong, Small Project Funding (as Principal Investigator) (2015–present)

Competition Law in Hong Kong: International and Comparative Perspectives, Small Project Funding (as Principal Investigator) (2014–present)

Conflicts at the Intersection of Competition Law and Securities Regulation: Hong Kong and the United States, Seed Funding Programme for Basic Research for New Staff (as Principal Investigator) (2012–15)

Teaching

Current Teaching

Competition Law I & II (LLAW3123, LLAW 3124)
Law of Contract I & II (LLAW 1001, LLAW 1002)

Administration

Current Administrative Positions

Co-Director, BBA(Law)&LLB programme
Director, international mooting programme
Moot Team Coach, Herbert Smith Freehills Competition Law Moot

Academic Memberships

Current Academic Memberships

Member, Academic Society for Competition Law
Member, Asian Competition Forum
Professorial Fellow, Law and Technology Centre, University of Hong Kong
Fellow, Asian Institute of International Financial Law, University of Hong Kong

Professional Qualifications/Memberships

Current Professional Qualifications/Memberships

Barrister, Des Voeux Chambers, Hong Kong
Member, Special Committee on Competition Law, Hong Kong Bar Association
Executive Committee Member, Hong Kong Competition Association
Non-Governmental Advisor, International Competition Network (ICN)
Co-opted Member, Competition Policy Committee, Hong Kong Consumer Council

Last updated: March 2017