Antimonopoly Law in China: A Look at Risks and Opportunities For Companies Doing Business in the PRC
“Although China’s AML specifically provides for private enforcement, in practice relatively few actions have been brought before the courts in the four years since it came into force. Companies and individuals who have brought actions before the courts have had little success; based on publicly available information, the courts have so far ruled in favor of the defendant. There are a number of reasons for this lackluster enforcement, including an absence of procedural guidance for the courts, making them reluctant to accept jurisdiction over antitrust cases, and the difficulty plaintiffs have had in discharging their burden of proof.”
Read the entire Orrick update: Cartels and Dominance: New Risks and Opportunities for Companies in China»