Answer ... Yes. All private enforcement actions must be brought before a competent court. In China, this will be determined by grade jurisdiction and territorial jurisdiction.

Grade jurisdiction: The courts of first instance for civil disputes involving cartels are:

• the intermediate people’s courts in those municipalities where the people’s governments of provinces, autonomous regions and centrally administered municipalities are located;
• the intermediate people’s courts at municipalities with independent planning status; and
• the intermediate people’s courts designated by the Supreme People’s Court.

Upon approval by the Supreme People’s Court, grassroots people’s courts may be the court of the first instance for civil disputes involving cartels.

Territorial jurisdiction: Territorial jurisdiction of civil disputes involving cartels shall be determined in accordance with the specific details of the case, and pursuant to the provisions of the Civil Procedural Law and the relevant judicial interpretations on the jurisdiction for tort disputes, contractual disputes and so on.

Answer ... No. The individuals behind the company will not be held personally liable for the company’s wrongdoing.

Answer ... Yes. There is a broad ‘joint action’ which allows such claims.

Where litigation involves two or more persons and the same subject matter, the people’s court may order that it be tried as a joint action, upon consent by the litigants.

Where a party to a joint action has common rights and obligations pertaining to the subject matter of the litigation, and where the litigation actions of one litigant are acknowledged by the other joint litigant(s), such actions shall be binding on the other joint litigant(s). Where there are no common rights and obligations pertaining to the subject matter of the litigation, the litigation actions of one litigant shall not be binding upon the other joint litigant(s) (Article 56 of the Civil Procedure Law).

Answer ... First, a complaint is filed with the competent court. This is followed by court hearings and the issue of a judgment.

If the plaintiff fails to collect damages from the defendant after prevailing in the case, it may apply to the court for enforcement.

Answer ... The types of relief that are commonly awarded include compensation for losses and cessation of infringement. If the plaintiff requests compensation for expenses incurred in investigating and shutting down the cartel, reasonable may be awarded by the court within the scope of losses for compensation.

All relief will be granted on condition that anti-competitive conduct has taken place. The burden of proof is on the plaintiff, except where the conduct has already been found to constitute cartel activity by the competent administrative authority. Once cartel activity has been proven, the plaintiff shall bear the burden of proving the losses. In awarding relief, the court will determine whether the losses are reasonable and were caused by the cartel activity.

Where the plaintiff has suffered losses as a result of cartel activity, the people’s court may order, based on the plaintiff’s claims and the facts investigated, that the defendant shall bear civil liability such as cessation of the infringement and compensation of losses.

Based on the plaintiff’s request, the people’s court may include reasonable expenses incurred in investigating and shutting down the cartel within the scope of losses for compensation (Article 14 of the Provisions of the Supreme People’s Court on Several Issues Relating to Laws Applicable for Trial of Civil Dispute Cases Arising from Monopolies)

Answer ... Yes. Private enforcement falls within the scope of civil litigation and the Civil Procedure Law applies. The reviewing authority is the IP Court of the Supreme People’s Court.