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Top court shifts burden in dominance and monopolization cases to defendant

By  |  May 9, 2012

China’s Supreme People’s Court has issued a judgment that will make it easier for plaintiffs to show abuse of dominance or monopolization. The court reduced the plaintiff’s burden of proof in a civil lawsuit against companies or public utilities. The burden has shifted, so now it is the other side that must show that they did not abuse their dominant market position, for dominance cases, or that they did not restrict competition or exclude competitors, for monopolization cases.

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    Full content: China Daily

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    Related content: Chinese Enforcement Against Abuses of Dominance Ramps Up (Peter Wang, Yizhe Zhang & Sébastien Evrard, Jones Day)

     

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