Wednesday, February 1, 2012
Posted by D. Daniel Sokol
Zhu Li (Supreme People’s Court) has written on New Developments in Civil Antitrust Litigation in China.
ABSTRACT: The year 2011 provided significant headway for the development of antitrust-related civil actions in China. Courts not only achieved progress in terms of case acceptance and adjudication, but also made a huge step forward in the setting-up of the civil antitrust litigation system. With regard to the former, the number of antitrust-related court cases accepted and adjudicated has progressively increased, the number of judgments issued has steadily grown, and courts' trial experiences and expertise have gradually improved. With regard to the latter, the issuance of the Provisions of the Supreme People's Court on Several Issues concerning the Application of the Law in Adjudication of Monopoly-Related Civil Disputes (Draft for Comments) ("Draft Provisions") on April 25, 2011 was a major achievement.
These two features in the development of antitrust litigation are complementary -i.e., the accumulation of experience in adjudicating individual cases has been essential for the Draft Provisions and, conversely, those provisions have, to a certain extent, provided an important theoretical framework for litigated antitrust cases.