How Private Antitrust Litigation May Proceed in China


In their Law360 article, “How Private Antitrust Litigation May Proceed In China,” co-authors Dr. Fei Deng and Dr. Gregory K. Leonard, along with Wenfeng Tang, analyze one of the first abuse-of-dominance private actions filed in China, which involved Baidu Inc., a popular Chinese Internet search engine company

The authors analyze the court’s decision, which addressed market definition, the assessment of market dominance, the evaluation of a claimed pro-competitive business justification for the alleged conduct, and damages.  The authors conclude that overall the approach taken by the court on these issues appears to be generally consistent with that taken in the United States and other jurisdictions, and that the court appears to have been interested in rigorous economics analysis.  These trends are all encouraging to antitrust attorneys who counsel clients with operations in China.

This article was published on January 05, 2010, by Law360


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