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Expert Analysis

Inside China High Court's 1st Antitrust Ruling In 6 Years

Law360, New York (January 5, 2015, 10:17 AM EST) -- On Oct. 16, 2014, the Chinese Supreme People's Court ("SPC") issued its first antitrust decision since August 2008, when China's Anti-Monopoly Law came into effect. In its lengthy opinion in Qihoo v. Tencent,[1] the SPC provides important guidelines on litigating abuse of market dominance claims. Abuse of market dominance is a major cause of action in China's limited number of private antitrust lawsuits. This decision is significant as it sets forth the standard for courts to evaluate factual and economic evidence, assign burden of proof, and determine relevant market, the existence of market dominance and competition effects....

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