The Chinese Supreme Court issues rules governing private antitrust litigations arising from monopolistic conducts

On May 8, China’s Supreme People’s Court (“SPC”) issued its Rules on the Application of Laws for Adjudicating Civil Disputes Arising From Monopolistic Conduct (“the Rules”). According to the SPC, the Rules, which take effect June 1, are intended to ease plaintiffs’ burdens and are thus likely to have a significant impact on private enforcement of China’s Anti-monopoly Law (“AML”). Companies doing business in China may wish to consult with antitrust counsel to minimize their potential exposure to private AML litigation. BURDENS OF PROOF Under Chinese law, a party that advances an argument bears the burden of proof. The Rules, however, adopt presumptions for private AML actions which shift the burden to defendants to prove that their conduct is justified or has not had anticompetitive effects.

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Authors

  • Covington & Burling (Washington)
  • Covington & Burling (Washington)
  • Covington & Burling (Beijing)
  • Covington & Burling (Beijing)

Quotation

John D. Graubert, James J. O'Connell, Timothy Stratford, Yan Luo, The Chinese Supreme Court issues rules governing private antitrust litigations arising from monopolistic conducts, 1 June 2012, e-Competitions June 2012, Art. N° 95824

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