Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Thursday, May 17, 2012

China Releases Judicial Interpretation for Hearing Civil Anti-Monopoly Actions

Posted by D. Daniel Sokol

John Ren (T&D) notes that China Releases Judicial Interpretation for Hearing Civil Anti-Monopoly Actions.

ABSTRACT: On May 8, 2012, China’s Supreme People’s Court ("SPC") released the Judicial Interpretation ("JI") on Anti-Monopoly Law ("AML") in Beijing. The JI, widely recognized as a milestone of private enforcement of the AML, would further shape the developments of antimonopoly law in China. (Download the English version of the JI.) SPC had made preparations for AML civil trials for a long time. On July 28, 2008, the eve of the effective date of the AML, SPC issued the “Notice on Earnestly Study and Implement the AML” to People’s Courts of all levels; SPC indicated clearly in the Notice that all civil cases should be heard by the Intellectual Property Divisions of the People’s Courts. On September 8, 2008, an anonymous high-level judge of SPC's Intellectual Property Division told the People’s Courts (SPC’s official Newspaper) that the administrative procedure shall not be made as a precondition for an anti-monopoly civil lawsuit. The judge also said that SPC had established the special AML Tribunal in the Intellectual Property Division to hear future AML civil lawsuits. No efforts have been spared to make the outcome of the AML JI possible. In April 2011, SPC released an AML JI draft for public comment, which produced two internal versions in September 2011 and January 2012, respectively. Furthermore, some symposiums and workshops were hosted or sponsored by SPC to discuss the draft, including the “2011 Forum on Anti-Monopoly Civil Litigation in China” held in June 2011 and “Antitrust Civil Litigation Forum: Issues, incentives, and evidence” in April 2012, co-organized by T&D Associates.

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