A Comment On Private Antitrust Litigation In China

Law360, New York (April 8, 2010, 12:31 PM EDT) -- One of the more significant and forward-looking aspects of China’s Anti-Monopoly Law (the “AML”) is its provision for the prosecution of private causes of action permitting civil litigants to seek damages for violations of the substantive provisions of that law.

Despite great expectations, however, few private lawsuits have been filed under the AML since its effective date of Aug. 1, 2008. The lack of procedural rules has undoubtedly caused the paucity of such claims; inadequate discovery mechanisms and Chinese judges’ understandable lack of experience in complex...
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