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Plaintiff's burden of proof for 'other concerted acts' clarified by China's Supreme Court

By MLex Staff ( October 11, 2022, 05:59 GMT | Insight) -- China’s top court has clarified the plaintiff’s burden of proof in a cartel case involving drinking water when determining “other concerted acts” that are prohibited in the antitrust law involving monopoly agreements. In the second-instance trial ruling, the top court dismissed the case and noted the plaintiff needed to provide preliminary evidence of three factors when arguing for “concerted acts.” Those factors are whether businesses’ market behavior is consistent; whether they communicated or exchanged information; and other circumstances including market structure, competition status and changes in the relevant markets.China’s top court has clarified the plaintiff’s burden of proof in a cartel case involving drinking water when determining “other concerted acts” that are prohibited in the antitrust law involving monopoly agreements....

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