The Chinese Supreme Court issues its first judicial interpretations on anti-monopoly law suits

On May 3, 2012, the Supreme People’s Court of China finalized and issued the Regulations on Several Issues Concerning Application of Law in the Trial of Civil Cases Arising from Monopolistic Conducts (the “New Regulations”) [1]. These Regulations are China’s first judicial interpretation of anti-monopoly related law suits after the promulgation of the Anti- Monopoly Law of the People’s Republic of China (“AML”) on August 30, 2007, which came into effect on August 1, 2008. The New Regulations, which took effect on June 1, 2012, set out for the first time the general guidelines for PRC courts in handling civil anti-monopoly lawsuits in China. Article 50 of the AML provides that if a business operator’s monopolistic conduct causes others to incur losses, the business operator shall bear civil

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Authors

  • Pillsbury Winthrop Shaw Pittman (Shanghai)
  • Pillsbury Winthrop Shaw Pittman (Beijing)

Quotation

Jenny Sheng, David A. Livdahl, The Chinese Supreme Court issues its first judicial interpretations on anti-monopoly law suits, 3 May 2012, e-Competitions Bulletin Burden of proof, Art. N° 74732

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