Asian Competition Report
Asian Competition Report APRIL – JUNE 2011 www.clearygottlieb.com This is the ninth edition of Cleary Gottlieb’s Asian Competition Report, the Draft Interpretation alleviates plaintiffs’ burden of proof in certain covering major antitrust developments in Asian jurisdictions. We hope cases and, for the first time, gives plaintiffs the right to make discovery you find this Report interesting and useful. requests in civil AML cases. These provisions, if adopted, should greatly enhance private antitrust enforcement in China. CHINA Plaintiff victory in unfair competition case Supreme People’s Court solicits comments on Draft Judicial On April 26, 2011, the Beijing Chaoyang District Court ruled against Interpretation on private antitrust litigation Qihoo, the provider of 360 (a widely used antivirus software), and two On April 25, 2011, China’s Supreme People’s Court (the “SPC”) unveiled other defendants in a case brought by Tencent, the operator of “QQ,” a draft judicial interpretation regarding private litigation (the “Draft a popular instant-messaging tool in China. This is one of the few recent Interpretation”) under the Anti-Monopoly Law (the “AML”). 1 As the cases involving competitive conduct in which a Chinese court has ruled first detailed guidance on civil suits under the AML, the Draft in favour of the plaintiff. Interpretation addresses a wide range of procedural issues, including jurisdiction, standing, consolidated proceedings, burden of proof, In addition to filing the complaint with the court, Tencent also asked discovery, the relationship with administrative proceedings, damages its users to uninstall 360, alleging that the software would disrupt and the statute of limitations. certain features of QQ and undermine its information security.
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