Private Competition Law Enforcement against Abusive Conduct in China’s Digital Markets – Impetus for Reform, Opportunities and Challenges

Abstract

China’s competition law enforcement operates through two distinct channels: administrative enforcement and private civil litigation. While both mechanisms are conceptually on equal footing, the protection of competition against abusive conduct has so far been predominantly shaped by administrative enforcement. Private civil claims, by contrast, frequently fail due to high evidentiary burdens, substantial resource requirements, or inadequate prospects of compensation for the claimant. Through the 2022 amendment to the Anti-Monopoly Law and the 2024 revised Judicial Interpretation on Monopoly Civil Dispute Cases, Chinese legislative and judicial authorities have introduced significant reforms to strengthen private litigants. Simultaneously, China’s digital markets are witnessing a notable increase in private anti-monopoly litigation — with a growing number of claims against abusive conduct proving successful. In light of the particular significance of private civil litigation for generating guiding case law on competition law Issues, this article examines the recent normative reforms and practical enforcement developments, while identifying both future opportunities and persisting challenges for private“digital” enforcement in China.