Unveil the Special Evidential Rules for Private Antitrust Litigations in China

This article was co-authored by Dr.Zhan Hao and Song Ying

Admittedly, the evidential rulesin specific jurisdiction, especially for the allocation of burden of proof, are of great vital for the ultimate result of the case trial. In view of the fact that private antitrust litigations are frequently featured with specificity, high-degree complexity and relative weakness of the plaintiffs, several special evidential rules have been instituted for private antitrust litigations in China. Meanwhile, private antitrust litigations still belong to the scope of civil litigations, hence are also applied to the evidence rules provided for the general civil litigations, except the articulated special rules.

In the following sections, the authors intend to address three key issues among others, that most frequently excite interests of multi-national firms, on the evidential rules for private antitrust litigations in China, including the burden of proof, evidence format and quasi discovery rules. Hopefully the presentation and illustration could provide valuable insights for the readers.

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