With respect to private actions relating to agreements relating to the types of specific conduct in relation to agreements covered by sections 1 to 5 of the launderers, the defendant is required to prove that the alleged agreement does not result in the elimination or restriction of competition. The applicant is responsible for proof of the existence of an agreement, as well as standard elements in civil proceedings such as damages and the cause of injury. In general, in Chinese civil trials, the level of evidence is a balance of probabilities. Although the AML does not contain explicit manipulation of bids, it can be seen as a kind of cartel behaviour. In practice, NDRC investigated the behaviour of AML`s So 13 in several high-level cases, including Auto Parts and Bearings (2014) and Auto Maritime Transportation (2015). 8.5 What are the cost rules for civil claims in cartel cases? In addition, section 15 of the AmL determines the circumstances under which a waiver may be granted for certain cartel conduct. In particular, an agreement may be excluded if it simultaneously meets the following three conditions. In addition, in accordance with the labour agreements concluded by the Anti-Monopoly Commission (CMA), the National Development and Reform Commission develops, under the State Council, six guidelines on cartels, including draft guidelines for the obligations of contractors in relation to cartels and abuse of dominance (draft guidelines for the exemption of monopoly agreements). , and a draft guidelines for the application of the leniency program in cases where horizontal monopoly agreements (draft leniency guidelines) are processed and contain the provisions in place in the context of cartel investigations and abuse of dominance. These draft guidelines were published by the NDRC in the first half of 2016 for public comment and final versions are expected to be published by the CMA.
Since there is no criminal responsibility for monopolistic behaviour in China, there is no advocacy in China for cartels. Lou Binglin has a water shop that sells scallops. She is a member of the Beijing Aquatic Products Wholesale Trade Association (“Aquatic Association”). The Aquatic Association gave its 31 members a manual requiring them to sell scallops strictly according to the sale price set by the association and imposed fines on members who sold scallops at a reduced price.