Research On Economics-related Evidence In Antitrust Litigation

In recent years,China's competition law disputes have been increasing,and economic reports or expert witnesses have appeared in many cases,such as Tencent v.World Xinghui Technology Unfair Competition Dispute Case,Qihoo v.Tencent Monopoly Case,Johnson & Johnson Vertical Monopoly Agreement In the case,one or both parties to the dispute submitted an economic analysis report or applied for an expert to appear in court.In the current competition and antitrust disputes in China,economic analysis and economists are acting as witnesses or experts to have a decisive influence on the outcome of judicial proceedings.However,on the whole,China 's economic analysis reports and the application of economic experts to court have been used less in antitrust litigation,and judicial practice experience is relatively inadequate.There is no corresponding mechanism and guidance in practice,and there is no uniform review standard.Monopoly lawsuits show that a series of problems remain to be resolved in the legal evaluation of economic-related evidence.Therefore,this article will systematically study the application of economic evidence in China 's antitrust litigation from the perspective of comparative law and case law.The improvement of the scientific evidence review rules put forward some preliminary suggestions and assumptions,hoping to provide a solution to the existing problems.