Please use this identifier to cite or link to this item: http://hdl.handle.net/10397/55803
Title: The role of presumptions of market dominance in civil litigation in China
Authors: Mezzanotte, AFE 
Hou, L
Keywords: Enforcement
Civil litigation
Antimonopoly law
China
Monopolization
Abuse of market dominance
Presumptions
Burden of proof
Issue Date: 2015
Publisher: Oxford University Press
Source: Journal of antitrust enforcement, 2015 How to cite?
Journal: Journal of antitrust enforcement 
Abstract: We examine the use and effects of the presumptions of market dominance in antitrust litigation in China (Article 19 Antimonopoly Law). To this end, 13 court decisions in cases of abuse of market dominance were analysed. We found that the presumptions are mentioned in eight cases. The presence of the presumptions, however, did not influence the court’s rationale and findings in a meaningful way. In those cases in which the presumptions are cited and market dominance found (three cases), the court’s views were guided less by the logic underlying the presumptions than by the fact that the defendants held a monopoly position due to patent holdings or exclusive rights. In the other five cases that cite the presumptions, the defendants operated in a competitive market and dominance was not found. Here, the plaintiffs systematically failed to satisfy the requirements of the presumption due to problems of market definition and measurement of market shares. In terms of effects, the possibility that the presumptions connote a shift in the burden of proof from the plaintiff to the defendant remains unclear, and further guidance from the Chinese courts on this issue is critical.
URI: http://hdl.handle.net/10397/55803
ISSN: 2050-0688 (print)
2050-0696 (online)
DOI: 10.1093/jaenfo/jnv008
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