Private Antitrust Litigation in China - The Burden of Proof and its Challenges

Adrian Emch

Hogan Lovells

Jonathan Liang

Hogan Lovells

April 1, 2013

CPI Antitrust Chronicle, April 2013 (1)

This article examines how the burden of proof is allocated in private antitrust suits in China, and tries to assess whether the criticism about the high burden of proof is merited.

The article is organized as follows: Section 1 provides an introduction, and section 2 explains the legislative background. Section 3 lays out the general principle for the burden of proof in antitrust cases. Sections 4 and 5 describe two broad ways for parties to "lower" the burden of proof — by resorting to presumptions and by seeking discovery through the courts. Section 6 concludes.

Number of Pages in PDF File: 15

Keywords: China, antitrust, competition law, private actions, litigation, Anti-Monopoly Law

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Date posted: June 6, 2013  

Suggested Citation

Emch, Adrian and Liang, Jonathan, Private Antitrust Litigation in China - The Burden of Proof and its Challenges (April 1, 2013). CPI Antitrust Chronicle, April 2013 (1). Available at SSRN: http://ssrn.com/abstract=2274551

Contact Information

Adrian Emch (Contact Author)
Hogan Lovells ( email )
Jonathan Liang
Hogan Lovells ( email )
555 13th Street, NW
Washington, DC 20004
United States
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