The 3Q case and the abuse of dominance analysis under China’s Anti-Monopoly Law

Yong Huang and Xin Zhang, March 20, 2016 On March 20, 2013, the Higher People’s Court of Guangdong Province gave its judgment on the case of abuse of market dominance of Beijing Qihoo Technology Co., Ltd. (“Qihoo”) vs. Tencent Technology (Shenzhen) Co., Ltd. and Shenzhen Tencent Computer System Co., Ltd. (collectively referred to as “Tencent”) […]

A Tale of Two Courts: Handling Market Definition in Abuse of Dominance Cases Under Market Share-Based Statutory Power Presumptions in China and Korea

This article is part of a Chronicle. See more from this Chronicle Yong Lim, Yunyu Shen, Feb 12, 2015 The decision by the Supreme People’s Court of the People’s Republic of China (“SPC”) in the Qihoo vs. Tencent case is notable in many aspects starting from the fact that it is the SPC’s first decision […]

Economics And Private Antitrust Litigation In China

Dennis Lu, Guofu Tan, Jul 28, 2013 Since the introduction of China’s Anti-Monopoly Law in 2008, private litigation has been increasing in the areas of monopolistic agreements and abuses of dominance. In addition, China’s Supreme People’s Court recently issued its judicial interpretation concerning the application of the law in order to offer some guidance in […]

Private Antitrust Litigation in China The Burden of Proof and Its Challenges

Adrian Emch, Jonathan Liang, Apr 16, 2013 On March 20, 2013, the Guangdong High People’s Court issued its verdict in the dispute between two leading Chinese information technology companies, Qihoo 360 and Tencent. The court dismissed 360’s claim that Tencent had committed an abuse of dominance in violation of the Anti-Monopoly Law on the grounds that […]

New Developments in Civil Antitrust Litigation in China

Zhu Li, Jan 25, 2012 The year 2011 provided significant headway for the development of antitrust-related civil actions in China. Courts not only achieved progress in terms of case acceptance and adjudication, but also made a huge step forward in the setting-up of the civil antitrust litigation system. With regard to the former, the number […]

Litigation under China’s Anti-Monopoly Law

Lester Ross, Nov 17, 2010 Although China’s Anti-monopoly Law (the “AML”), which entered into effect on August 1, 2008, is primarily enforceable by the three designated enforcement agencies, it also provides for civil liability. Article 50 provides: If an undertaking engages in monopoly conduct and causes losses to others, it shall bear civil liability in […]