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

CPI Antitrust Chronicle, April 2013 (1)

15 Pages Posted: 6 Jun 2013  

Adrian Emch

Hogan Lovells

Jonathan Liang

Hogan Lovells

Date Written: April 1, 2013

Abstract

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.

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

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: https://ssrn.com/abstract=2274551

Jonathan Liang

Hogan Lovells ( email )

555 13th Street, NW
Washington, DC 20004
United States

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