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Private Monopoly Actions in China Flying Under the Radar: But Be Prepared

November 16, 2009

By David Livdahl and Jenny Sheng

Since the PRC Anti-monopoly Law (the PRC AML) came into effect on August 1, 2008, a number of private actions have been brought by individuals and small/medium-sized enterprises under Article 50 of the PRC AML against some leading industrial entities or state-owned giants. Among these cases, one case was settled between the plaintiff and defendant and one case was recently dismissed by the court on the ground that the plaintiff failed to demonstrate sufficient evidence to show that the defendants possessed dominance in the relevant market. The other cases are pending trial. Court hearings for most of them have been postponed several times by the courts.