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March 11, 2012
Evidence Rules in Private Antitrust Litigation in China
Posted by D. Daniel Sokol
Dr. Hao Zhan explores Evidence Rules in Private Antitrust Litigation in China.
ABSTRACT: Since the enactment of China's Antimonopoly Law ("AML"), more private antitrust actions have been brought before Chinese courts. The majority of these cases concern monopoly agreements and abuse of market dominance. Plaintiffs include competitors in the relevant market, consumers, and the parties who transact with the business operators; defendants include business operators and trade associations. Actions include contractual and tortious disputes. In April 2011, the Supreme Court of China published a consultation draft of the provision on the application of the laws on the trial of civil antitrust disputes (the draft judicial interpretation). It remains to be seen as to how many articles in this draft will become the juridical interpretation to be issued formally. The draft, containing only 20 articles, covers a broad spectrum of matters relevant to private antitrust litigation such as jurisdiction of courts, limitation of acting period, burden of proof, and evidence.
One of the most striking issues covered by the draft judicial interpretation is the evidence rules. This article expands upon the critical aspects of evidence rules in private antitrust litigation in China that would be affected by the proposed draft.
March 11, 2012 | Permalink
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