Research on the Burden of Proof in Litigation of Abuse of Dominant Market Position

DOI

10.2991/assehr.k.211215.016How to use a DOI?

Keywords

Abuse of dominant market position; Distribution of burden of proof; Anti-monopoly law

Abstract

From the empirical analysis, we can learn that there are many problems in the judicial practice of litigation of abuse of dominant market position, such as the difficulties of plaintiffs in proving their case, the heavy burden of proof and the extremely low success rate. However, the main reasons for these difficulties are the inadequacy of the existing provisions on reducing the burden of proof and the lack of the plaintiff’s ability to collect evidence. Therefore, it is necessary to improve the existing provisions on reducing the burden of proof in order to give full play to the value of private antitrust litigation and to reduce the burden of proof on the plaintiff.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Jiyin Chen
AU  - Lanfang Fei
PY  - 2021
DA  - 2021/12/15
TI  - Research on the Burden of Proof in Litigation of Abuse of Dominant Market Position
BT  - Proceedings of the 7th Annual International Conference on Social Science and Contemporary Humanity Development (SSCHD 2021)
PB  - Atlantis Press
SP  - 82
EP  - 90
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211215.016
DO  - 10.2991/assehr.k.211215.016
ID  - Chen2021
ER  -