DEALS
Zhong Lun Wins the First-ever Case Involving Disputes Arising out of Vertical Monopoly Agreements in China before the Shanghai Higher People’s Court
Zhong Lun Wins the First-ever Case Involving Disputes Arising out of Vertical Monopoly Agreements in China before the Shanghai Higher People’s Court
The Shanghai Higher People’s Court made a final verdict to the first-ever case involving disputes arising out of vertical monopoly agreements in China on August 1, cancelled the original judgment and ruled that 0.53 million yuan should be paid by the appellee Johnson & Johnson Medical (China) Ltd. and Johnson & Johnson Medical (Shanghai) Ltd. (“J&J Company") to cover the economic loss of the appealer Beijing Rainbow Trading Company (“Rainbow Company"), within ten days after the judgment comes into effect. So far the case which attracts great concern among academia and industry both at home and abroad has been settled after a three-year-long trial by two levels of courts. And as the PRC Anti-Monopoly Law celebrates its fifth anniversary, the case has made itself the first-ever anti-monopoly case which the plaintiff wins the last instance.
As the entrusted agent of Rainbow Company in the trial of first and second instance, Mr. Cen Zhaoqi from Zhong Lun Law Firm and Mr. Dai Bin from Z&D have fully used their expertise and social resources, including offering the most effective solutions and inviting well-known Chinese economists to provide expert opinions to the court, to safeguard the legitimate interests of the client, which shows their profound theoretical foundation and rich litigation experience. Thanks to their efforts, Rainbow Company wins the case finally.
As known to all, since details of anti-monopoly case are very complex and professional, while it’s hard to prove the existence of monopolistic conducts and the impact on competition caused by such conducts, situations that the plaintiff’s claims are dismissed for unable to provide enough evidence appear easily in anti-monopoly case.
