Chinese antitrust litigation since Adrian Emch Partner, Hogan Lovells

Transcription

1 Chinese antitrust litigation since 2008 Adrian Emch Partner, Hogan Lovells

2 Quiz Which case went through most instances? Yingding v. Sinopec 4 instances Which case has the longest judgment? SPC s Qihoo v. Tencent 51 pages Which case has the largest number of judgments? Shandong Accounting Firms 19 (+) judgments Hogan Lovells 2

3 Scope of data collection Competition law cases A total of 197 published court cases involving AML Anti-Monopoly Law Administrative monopoly (Art.8) Monopoly agreement (Arts.13 and 14) Abuse of dominance (Art.17) Anti-Unfair Competition Law 159 AUCL Price Law Others Public utilities' restrictions (Art.6) Administrative monopoly (Art.7) Predatory pricing (Art.11) Tying and unreasonable conditions (Art.12) Price Law Inappropriate pricing conduct (Art. 14) (Published from 2008 until now, collected using our best efforts) Others FRAND rates and IP infringement

4 Increasing cases All competition cases AML cases AML cause of action cases Hogan Lovells 4

5 Overview of AML cases Cause of actions 2% 2% 1% Verdict types Judgements Orders 18% 13% 40% AML Contract Administrative Jurisdiction IP 42, 26% Compulsory execution 24% Unjust enrichment 118, 74% Hogan Lovells 5

6 Overview of AML cases Types of alleged conduct Types of abusive conduct 28% 7% 50% Unreasonable conditions 4% Exclusive dealing 14% Discrimination 14% Refusal to deal 30% Horizontal agreement Vertical agreement Excessive pricing 19% Tying 19% 15% Abuse of dominance Administrative monopoly Types of vertical restraints Manufactorimposed noncompete 7% Exclusivity 14% Others 7% Territorial restraints 36% Distributorimposed noncompete 14% Resale price maintenance 22% Hogan Lovells 6

7 Overview of AUCL and Price Law cases Cause of actions 3% 3% 3% Verdict types Judgements Orders 14% 20% Price Law AUCL 11% Administrative Contract Jurisdiction 57% Compulsory execution 89% Hogan Lovells 7

8 Overview of AUCL and Price Law cases Types of alleged conduct 3% 4% 1% 1% 14% 8% Tying Charging extra fees Predatory pricing Unreasonable conditions 92% Exclusive dealing 5% Unfairly high pricing Discrimination AUCL Price Law 6% Hogan Lovells 8

9 Which province has the most cases Interactive map Hogan Lovells 9

10 Who are the busiest courts 10 cases 11 cases 12 cases 13 cases Nanjing Intermediate People's Court Guangdong High People's Court Beijing High People's Court Supreme People's Court Hogan Lovells 10

11 Who are the winners Which party won Which story won Defendants winning rates Defendants won Plaintiffs won Tie 25% 5% All competition law judgements Defendants in antitrust claims Plaintiffs in antitrust claims 40% 60% All governments 89.1% Antitrust agencies 90.6% Governments and gov authorized entities 80.0% SOEs 89.7% 70% Only 7% of the cases were reversed by a higher court AML judgements 33 % 67% Public utilities 91.3% Individuals 83.3% Private companies 56.4% Foreign companies 50.0% Hogan Lovells 11

12 Jurisdiction 20% of AML cases have jurisdiction challenge Limited Intermediate Courts or District Courts approved by SPC IP Court s jurisdiction Level of court Venue Place of infringement - Infringement is committed - Result of infringement occurs Domicile of defendant Transfer to courts with jurisdiction when an antitrust issue arise Transfer Subject matter Antitrust issues in contract cases and administrative litigations? Hogan Lovells 12

13 Agency decision v. court decision Lawsuits for failure to act Lawsuits against antitrust agencies Follow-up actions for damages Hogan Lovells 13

14 Takeaways Many cases are out there Many decisions by local courts Not only large corporations involved Numbers go up Increasing quality of decisions Appeals against gov decisions But not many follow-on actions Discrepancies on jurisdiction What this space! Hogan Lovells 14

15 Thank you and happy holidays! Hogan Lovells 15

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