China to Reinterpret Civil Procedures for Anti-Monopoly Law Cases

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The Supreme People’s Court of China may soon adopt two measures that will dramatically change the civil procedural regime for suits brought forth under the Anti-Monopoly Law.

The Supreme People’s Court of China (SPC) is drafting its judicial interpretations of civil procedures for lawsuits launched in accordance with the Anti-Monopoly Law of China. (See China to Draft Civil Procedures for Suits Under Anti-Monopoly Law for more information.) According to an article in China Business on 30 October 2010, the SPC plans to adopt two important measures: one awarding double damages to plaintiffs, and one shifting the burden of proof to defendants to prove they do not have a dominant market position. The measures will be plaintiff friendly and will increase the risk exposure of deep-pocket defendants.

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