Authored by Dr. Zhan Hao (zhanhao@anjielaw.com) at AnJie Law Firm

Introduction 

The year 2014 was an important year for implementation of China’s Anti-monopoly Law. Against this background, the anti-monopoly civil action case of Yunnan YingDing Bio-energy Co., Ltd (hereinafter referred to as "Yunnan YingDing") v. Sinopec Chemical Commercial Holding Company Limited Yunnan Petroleum Branch (hereinafter referred to as "Sinopec Yunnan Branch") and China Petroleum and Chemical Corporation (hereinafter referred to as "Sinopec Corp.") for refusal to deal has attracted much attention due to many spotlights.

This case is the first anti-monopoly civil action against a State-owned petroleum company of China due to refusal to deal, is among a few cases involving "abuse of market dominant position" in China, and is also one of few cases worldwide which are brought by a "seller" against "potential buyers" for refusal to deal. This case involves both the Anti-monopoly Law and the Law on Renewable Energies, which are gilt-edged laws at present. Under the great background of sluggish international crude oil prices, domestic environmental pollution control and the mixed ownership reform of the State-owned enterprises, this case deserves wide attention.

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