May 2011

Since the Anti-monopoly Law was passed, around 50 private anti-monopoly litigations have been brought and the courts’ jurisdiction over such cases has become a key issue.

Under the internal organisation of the Supreme Court, No 3 Civil Division is in charge of hearing anti-monopoly cases and directing anti-monopoly litigations at local level. This responsibility is no surprise. Previously, No 3 Civil Division focused on IP cases. Ostensibly, competition issues have an indispensable connection with IP rights; thus, on promulgation of the Anti-unfair Competition Law, No 3 Civil Division became responsible for anti-unfair competition cases. No 3 Civil Division has now become the full-time anti-monopoly court within the Supreme Court.Continue Reading Jurisdiction for private anti-monopoly litigation

On April 25th, the Supreme Court issued Provisions On a Number of Issues Applicable to the Trial of Monopoly Civil Dispute Cases (the “Exposure Draft”) for public comments.

Totalling 20 articles, this Exposure Draft are based on the Anti-Monopoly Law (“AML”), the Civil Law, the Civil Procedure, the Contract Law, the Torts and other related laws. Primarily, the basic construction and detailed rules of the anti-monopoly civil procedure are summarised in the 4 parts below：

Continue Reading The Supreme Court Issued Judicial Interpretation on the Anti-monopoly Civil Procedure

Introduction

The Unfair Competition Law, which was enacted in 1993, has been described as the constitution of the market economy. However, China’s rapid social and economic development has given rise to new forms of unfair competition that the legislature did not foresee. The law is now in the final stages of amendment; the State Administration for Industry and Commerce (SAIC) has completed a revised draft and has submitted it to the Legislative Affairs Office of the State Council.

Information released by the SAIC suggests that the changes focus on:

  • identifying the competent enforcement agency to ensure uniform enforcement standards; and

  • idefining new forms of unfair competition to extend the scope of administrative enforcement.

Continue Reading Revised Unfair Competition Law responds to changing economy