2012China’s antitrust civil litigation highlights the evidence system
("Legal Daily"2012Year5month9Japanese 12th edition)
News from this newspaper (Reporter Jiang Anjie)Days ago,byCompetition Law Center of w88 casino, co-sponsored by University of Florida w88 casino of Law and China Antitrust Forum,The Intellectual Property Division of the Supreme People's Court is the supporting unit“2012China Antitrust Civil Litigation Forum”Held in Beijing. Officials from the Anti-Monopoly Commission of the State Council and the three major anti-monopoly administrative law enforcement agencies,More than 40 judges from the Supreme People's Court and intermediate and higher courts from more than ten provinces and cities across the country, as well as experts and scholars from Peking University, Renmin University of China, w88 casino, and Chinese Academy of Social Sciences gathered together,Let’s discuss hot and difficult issues related to antitrust civil litigation. w88 online casino can be seen from the main content discussed in this forum,Properly handle evidence issues in antitrust civil litigation in the future,In particular, issues such as expert testimony, burden of proof, and economics will become the key to ensuring the smooth progress of antitrust civil litigation.
w88 online casino is reported,This Antitrust Civil Litigation Forum is just for cooperation5month8The judicial interpretation just issued by the Supreme People’s Court of Japan——Regulations on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Caused by Monopolistic Behaviors. This is also the second China Antitrust Civil Litigation Forum organized and hosted by the Competition Law Center of the w88 casino. The center has been focusing on research on antitrust law and competition policy for many years,Committed to using its scientific research results to provide advice to the government and provide consulting services to enterprises,And by organizing various domestic and foreign academic seminars,Provide a broad and free communication platform for governments, enterprises and academic institutions.
Four changes since the implementation of the Antitrust Law
Director Zhang Qiong, leader of the expert advisory group of the Anti-Monopoly Commission of the State Council, pointed out at the opening ceremony,my country’s Anti-Monopoly Law has been implemented for more than three years,Achieved better expected results,Concretely reflected in the changes in four aspects:At the institutional level,After the implementation of the Anti-Monopoly Law,The focus shifts from the establishment of basic systems to the construction of specific implementation mechanisms. The Anti-Monopoly Commission of the State Council and three law enforcement agencies have successively formulated and promulgated a series of supporting laws and regulations,The Supreme People’s Court is also working hard to formulate and issue judicial interpretations related to anti-monopoly civil litigation,This will further clarify and concrete the antitrust system,Enhance the pertinence and operability of the system; at the law enforcement level,Over three years,Anti-monopoly law has moved from a cold paper system to a vivid law enforcement practice,The three law enforcement agencies have actively and steadily carried out antitrust law enforcement work,Continuously accumulate law enforcement experience in case handling,Improve law enforcement mechanism; concept level,Anti-monopoly awareness has been widely recognized in our country as never before,The competitive awareness of various market entities and the public is constantly increasing,Promotes the formation of a good competitive culture,Continuously create a fair and orderly market competition environment; research level,The formulation and implementation of antitrust laws,Promoted the concreteness and in-depth study of antitrust research,Started to gradually transform from pure theoretical research to practical research.
Antitrust civil litigation is about to happen“There are rules to follow”
Through civil litigation,Enforcing antitrust laws through private enforcement is a common choice in various countries,Initiating judicial proceedings through private persons,Civil compensation and punitive damages as remedies,Realizing Anti-Monopoly Law to Prevent and Stop Monopoly,The goal of maintaining fair competition. However, antitrust civil litigation is highly professional and complex,Need special civil procedure system support. The beginning of the promulgation and implementation of the Anti-Monopoly Law,The Supreme People’s Court has already realized the professionalism and particularity of antitrust civil litigation,Therefore,from2008Starting from the year 2016, we have started formulating anti-monopoly civil judicial interpretations.2011Year4month25日,The Supreme People's Court announced to the public the "Regulations on Several Issues Concerning the Application of Law in the Trial of Monopoly Civil Dispute Cases"(Draft for comments)》,Open for comments.
2012Year5month8日,The "Regulations on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Caused by Monopolistic Behaviors" have been officially issued.
This legal document specifically guiding antitrust civil litigation will provide clearer guidance for courts to accept and hear antitrust civil litigation,Including jurisdiction, party qualifications, burden of proof and bearing of litigation costs, etc. Professor Huang Yong from the w88 casino of Law at the w88 casino believes that,Although judging from the current implementation status of antitrust law,Anti-monopoly justice lags behind administrative law enforcement,But I believe w88 online casino will be accompanied by the promulgation of anti-monopoly civil judicial interpretation,The implementation of antitrust through antitrust civil litigation will usher in a new climax.
w88 online casino can be seen from the proposed draft anti-monopoly judicial interpretation previously published by the Supreme People’s Court,The content of evidence and the distribution of burden of proof occupies a larger space,Basically formed an evidence system in antitrust civil litigation. In terms of evidence,When hearing monopoly cases in the future,Especially in the process of identifying monopolistic behavior,Not only does w88 online casino require a large amount of statistical data, business reports and authoritative journals to identify suspected monopolistic behavior,In some cases, economists and industry experts with professional knowledge are also needed——Expert witnesses appear in court to explain or predict relevant facts.
In terms of burden of proof,Future antitrust civil litigation will follow“Who advocates,Who gives evidence”Based on the basic civil evidence principles,w88 online casino is also necessary to reasonably allocate the burden of proof through presumption according to the needs of the case under special circumstances. In terms of standards of proof,The standards for determining the establishment of monopoly behavior and the standards for determining monopoly losses also need to be continuously explored and improved in future anti-monopoly civil judicial practice.
In addition to the special evidence system,Also note the coordination and handling of the relationship between antitrust administrative enforcement and antitrust litigation on evidence issues,Including issues in the acquisition of evidence, identification and attitudes towards mutual judgments. for the same monopolistic behavior,There may be administrative enforcement by antitrust law enforcement agencies,There are also antitrust civil damages lawsuits. These two enforcement mechanisms may enforce law first,Justice comes last; w88 online casino may also come first,Enforcement comes later; w88 online casino is possible that both can be done at the same time. Although from the perspective of administrative and judicial independence,Administrative law enforcement and civil litigation should go hand in hand,But in practice,There will still be overlap between the two on certain issues,There may be some mutual assistance and influence.
Economists will become important assistants to judges
In antitrust civil litigation,Involving matters such as relevant market definition, judgment of market structure and operation, behavioral performance and impact, and assessment of damage compensation,Judges are limited by their professional knowledge,w88 online casino is often impossible to understand and judge accurately. In this case,Economics experts with professional knowledge can well help fact finders accurately understand and grasp relevant facts. Secondly,During the antitrust dispute,Parties and their lawyers will also hire or turn to experts in relevant fields to evaluate relevant behaviors or make judgments on the impact of behaviors,In order to respond in a targeted manner. Judicial practice proves,In trial,If there is no assistance from relevant expert witnesses,w88 online casino is very difficult, if not impossible, for a judge to determine the relevant facts. But,In antitrust civil litigation,There are certain requirements for the selection of expert witnesses,Generally, w88 online casino needs to be done by people with certain professional knowledge and considerable qualifications,At the same time, experts should remain neutral when testifying. Additionally,Economics experts use economic theories or models to analyze relevant behaviors or markets,w88 online casino must also be tested whether the economic theories or models used are mature, whether the data based on them are reliable, and whether experts have performed the necessary duties of care and diligence when using these data and models,Because these will affect the reliability of expert testimony.
