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UM E-Theses Collection (澳門大學電子學位論文庫)

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Title

Selected legal aspects of antitrust civil litigation in China

English Abstract

A series of legislation issued by competition enforcement authorities show the improvement of antitrust legislation in China. And the increasing trend of private litigation cases has become more diversified and more complicated. In the first half year of 2014, 188 antitrust cases were accepted by Chinese courts and 172 cases have been concluded, Article 1 of judicial interpretation stipulates two types of monopoly civil case; one is the litigation arising from the damage caused by monopolistic behavior, namely tort suits. The plaintiff mostly files a claim in court to stop illegal behavior and require compensation for losses. Another is the dispute involving contract content or the association regulation which violates antitrust law. To protect the victim's interests through antitrust civil litigation, the first question is the antitrust standing for a plaintiff, The first step for the courts to accept cases is to evaluate the plaintiff meets with the requirements under antitrust laws and civil procedure law. During the trial, the essential factor for the plaintiff to win a case is the burden of proof, Due to the weaker position for most plaintiffs in antitrust private litigations, it is very difficult for the plaintiff to prove in the trial.

Issue date

2017.

Author

Zhang, Xi Ling

Faculty

Faculty of Law

Degree

LL.M.

Subject

Antitrust law -- China

Supervisor

Svetlicinii, Alexandr

Files In This Item

Full-text (Intranet only)

Location
1/F Zone C
Library URL
991005845649706306