The Role of Presumptions of Market Dominance in Civil Litigation in China

Journal of Antitrust Enforcement 2015(2), 1-24

39 Pages Posted: 30 Jan 2015 Last revised: 22 Jun 2015

See all articles by Félix Mezzanotte

Félix Mezzanotte

Hong Kong Polytechnic University - School of Accounting and Finance

Liyang Hou

Shanghai Jiao Tong University (SJTU) - KoGuan Law School

Date Written: January 28, 2015

Abstract

We examine the use and effects of the presumptions of market dominance in antitrust litigation in China (Article 19 Antimonopoly Law). To this end, thirteen court decisions in cases of abuse of market dominance were analyzed. We found that the presumptions are mentioned in eight cases. The presence of the presumptions, however, did not influence the court’s rationale and findings in a meaningful way. In those cases in which the presumptions are cited and market dominance found (three cases), the court’s views were guided less by the logic underlying the presumptions than by the fact that the defendants held a monopoly position due to patent holdings or exclusive rights. In the other five cases that cite the presumptions, the defendants operated in a competitive market and dominance was not found. Here, the plaintiffs systematically failed to satisfy the requirements of the presumption due to problems of market definition and measurement of market shares. In terms of effects, the possibility that the presumptions connote a shift in the burden of proof from the plaintiff to the defendant remains unclear, and further guidance from the Chinese courts on this issue is critical.

Keywords: enforcement, civil litigation, Antimonopoly Law, China, monopolization, abuse of market dominance, presumptions, burden of proof

JEL Classification: K21, K41, K42, L41, L43

Suggested Citation

Mezzanotte, Félix and Hou, Liyang, The Role of Presumptions of Market Dominance in Civil Litigation in China (January 28, 2015). Journal of Antitrust Enforcement 2015(2), 1-24. Available at SSRN: https://ssrn.com/abstract=2557249 or http://dx.doi.org/10.2139/ssrn.2557249

Félix Mezzanotte

Hong Kong Polytechnic University - School of Accounting and Finance ( email )

M610, Li Ka Shing Tower
Hung Hom, Kowloon
China

Liyang Hou (Contact Author)

Shanghai Jiao Tong University (SJTU) - KoGuan Law School ( email )

Huashan Road 1954
Xuhui District
Shanghai, Shanghai 200030
China
+86-21-6293-4632 (Phone)

HOME PAGE: http://law.sjtu.edu.cn/TeacherDetail123.aspx

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