CHINA Law and Practice Contributed by: Qian Xiaoqiang, Yang Yikai and Chu Linxian, Haiwen & Partners
• summarising key disputed issues; and/or • conducting mediation to explore the possibil - ity of settlement before trial. During the trials/hearings, both parties are required to present relevant evidence to support the claims they have made, and the People’s Court may also actively engage in collecting evidence. The evidence shall be presented in the courtroom and be subject to examination/ cross-examination by the court or the other party. While there is no formal discovery pro - cess as seen in common law jurisdictions, par - ties have the option to request that the People’s Court gather evidence if it is deemed crucial by the People’s Court and cannot be obtained by the requesting party through other means. The plaintiff bears the burden of proving their claims and must demonstrate a high degree of likeli - Experts can be engaged in all types of legal pro - ceedings, and their statements or research may be used as evidence. It is common in investi - gations and civil litigation for economists to be engaged in order to demonstrate how alleged cartel behaviour affects markets and competi - tion in practice. Experts from other fields (such as technical experts from specific industries) may also be brought in to explain and clarify the definitions of relevant markets, providing a clearer understanding of the industry context and technical details – this is crucial for accu - rately assessing the implications of the conduct under investigation or subject to litigation. 4.9 Possibility of Multiple Proceedings It is possible for multiple or simultaneous legal proceedings to occur concerning the same or related facts involving a cartel infringement – administrative investigations by the Competition hood that the fact exists. 4.8 The Role of Experts
Authorities, civil actions by affected entities, and criminal prosecution if the conduct violates the Criminal Law. In practice, such cases are not uncommon. For example, when antitrust litigation is initiated, it not only faces scrutiny from the courts but may also attract the attention of the Competition Authorities, potentially triggering an antitrust investigation. Moreover, administrative penal - ties can encourage entities that have suffered losses due to cartel activities, or are embroiled in disputes over such activities, to pursue follow- on civil litigation. If the cartel behaviour amounts to a criminal offence, the case might also be subject to criminal prosecution by the People’s Procuratorate. 5. Sanctions and Remedies in Criminal Cartel Enforcement 5.1 Imposition of Sanctions/Fines The Competition Authorities have the authority to impose sanctions directly. In accordance with the AML, the Competition Authorities can order the undertaking to cease the illegal act, confiscate illegal gains, and impose a fine up to 10% of its sales amount in the previous year. The 2022 Amendment also introduces aggravating factors on the calcula - tion of the fine, permitting an increase in the base fine amount by two or five times (for details, see 1.2 Regulatory/Enforcement Agencies and Penalties ). Prior to the imposition of sanctions, the Compe - tition Authorities shall notify the target undertak - ing in writing of the proposed sanction and the basis thereof and notify it of its right to make statements, right to defend and right to request
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