How Private Antitrust Litigation May Proceed In China

Law360, New York (January 5, 2010, 4:37 PM EST) -- On Dec. 18, 2009, the Beijing No. 1 Intermediate People’s Court issued a ruling in favor of Baidu Inc. — a popular Chinese Internet search engine company — in one of the first abuse-of-dominance private actions filed in China.

The court’s opinion, which, in an unusual step, was read publicly by the presiding judge, provides insight regarding how private antitrust litigation might be conducted in China in the future.

In particular, the opinion addresses relevant market definition, the assessment of market dominance, and the evaluation of...
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