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China's top court rejects 'hypothetical income' defense in antitrust cases

By Yonnex Li ( November 14, 2025, 07:14 GMT | Insight) -- China's Supreme People's Court said companies cannot reduce the illegal gains subject to confiscation by deducting "hypothetical income" they claim they would have earned without engaging in anticompetitive behavior. In replies to questions from lower courts, the top court also clarified jurisdictional issues related to inaction by antitrust agencies.China's Supreme People's Court said companies cannot reduce the illegal gains subject to confiscation by deducting "hypothetical income" they claim they would have earned without engaging in anticompetitive behavior, according to its latest guidance for lower courts....

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