Economics and Private Antitrust Litigation in China

35 Pages Posted: 15 Sep 2012  

Dennis Lu

Competition Bureau

Guofu Tan

University of Southern California - Department of Economics

Date Written: September 6, 2012

Abstract

Since the introduction of China’s Anti-Monopoly Law in 2008, private litigation has been increasing in the areas of monopolistic agreements and abuses of dominance. In addition, China's Supreme People's Court recently issued its judicial interpretation concerning the application of the law in order to offer some guidance in resolving private disputes. The purpose of this paper is to explain how competition economics can help to provide evidence in these private litigations. We discuss how the Anti-Monopoly Law and the judicial interpretation seem to take a rule of reason approach, as well as what roles economic analyses and economists may play in related litigation. We describe the economic evidence being used and accepted in recent Chinese cases that have reached the Chinese courts of appeals and further provide our views on what other evidence could have been offered in these cases.

Suggested Citation

Lu, Dennis and Tan, Guofu, Economics and Private Antitrust Litigation in China (September 6, 2012). USC CLEO Research Paper No. C12-13; USC Law Legal Studies Paper No. 12-21. Available at SSRN: https://ssrn.com/abstract=2146803

Dennis Lu

Competition Bureau ( email )

50 Victoria Street
Gatineau, Quebec K1A 0C9
Canada
819-956-2907 (Phone)

Guofu Tan (Contact Author)

University of Southern California - Department of Economics ( email )

3620 South Vermont Ave. Kaprielian (KAP) Hall, 300
Los Angeles, CA 90089
United States
213-740-3520 (Phone)

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