Evolving Antitrust Follow-on Damage Claims in China: Judicial Approaches, Challenges, and the Path Forward

This article examines the development of antitrust follow-on damage claims in China, analyzing why such claims remain underdeveloped despite the enactment of the Anti-Monopoly Law (AML) over a decade ago. While administrative actions against anti-competitive conduct are common, the frequency of follow-on damage claims is notably low. Through a detailed review of key cases, the article explores the standards of proof required by Chinese courts. It reveals that although the courts’ approaches are evolving in a plaintiff-friendly direction, the general framework established by the Civil Procedure Law and the lack of a unified analytical framework considering the characteristics of such cases hinder the sound development of antitrust follow-on damage claims in China. Recommendations are proposed to refine the proof of anti-competitive conduct, conduct probability tests, and reallocate the burden of proof to build a standard that favors plaintiffs. These measures aim to bolster the development of antitrust follow-on damage claims, ensure better protection for consumers, and foster more robust enforcement of the AML in China.