Anti-monopoly litigation in China: A review for the year of 2016

CPI Asia Column edited by Vanessa Yanhua Zhang (Global Economics Group) present:

Anti-Monopoly Litigation in China: a Review for the Year of 2016  –  By Qing Ren[1]

Abstract: The year of 2016 has witnessed the conclusion of 14 cases of abuse of dominant market position and 5 cases of monopoly agreement in all levels of courts in China. This article comprehensively reviews the key points embodied in the judgments of those cases, and provides comments on certain important issues such as the legality of RPM, the probative value of administrative enforcement decisions before courts and the arbitrability of monopoly disputes.

I. Introduction

2016 has seemed to be a relatively insipid year for anti-monopoly litigations in China. It is first reflected in the small number of cases. Chinese courts have adjudicated on 18 monopoly disputes nationwide, rendering 20 judgements or rulings.[2] It is also reflected in the lack of landmark cases like Huawei v. IDC and 360 v. Tencent in previous years. Nevertheless, the adjudicated cases in 2016 have certain features, and some of them are either of important referential value or have provoked heated discussion or even criticism.

In the procedural aspect, the Supreme People’s Court concluded 2 retrial cases, which signals its determination to reinforce judicial supervision and its efforts towards more judicial consistency. With respect to regional difference, Guangdong Province and Beijing Municipality have adjudicated the largest numb