Authored by Dr. Hao Zhan (zhanhao@anjielaw.com) at Anjie Law Firm and Mr. Wei(wtan@compasslexecon.com) at Compass Lexecon
Introduction
Recent years have witnessed a rapid increase in private antitrust litigations in China. By the end of May 2014, Chinese courts had already accepted 188 cases, and concluded 172 cases, while the Chinese courts accepted 71 cases, concluded 69 cases in 2013 and accepted 30 cases in 2012. In addition, the private litigation cases have become more diversified and have included more complicated issues such as two-sided market, standard essential patent, resale price maintenance, refusal to deal and essential facilities. Chinese courts, including the Supreme People’s Court (“SPC”), have issued lengthy opinions with remarkably sophisticated legal and economic analysis, demonstrating a level of confidence and openness unseen in Chinese judicial system.