The China’s Supreme Court issues rules on Private Actions under the Anti-Monopoly law

On 25 April 2011, the Supreme People’s Court of China (the “SPC”) published on its website a draft of the long-awaited Provisions by the Supreme People’s Court on the Issues Regarding the Application of Law in Handling Anti-monopoly Civil Litigation Cases (the “Provisions”) for public consultation. The Provisions deal with private rights of action under the PRC Anti-monopoly Law (the “AML”) and provide detail on subjects such as jurisdiction, evidence and burden of proof, remedies, and statute of limitations. The deadline for submitting comments is 1 June 2011. The key issues of the Provisions are highlighted below. In summary, the Provisions: > make arrangements for consolidation of multiple actions, although fall short of introducing class actions; > clarify which party bears the burden

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Authors

  • Linklaters (Beijing)
  • Linklaters (Shanghai)
  • Euclid Law (London)
  • Linklaters (Brussels)

Quotation

Yuan Cheng, Simon Poh, Robert Gavin, Jonas Koponen, The China’s Supreme Court issues rules on Private Actions under the Anti-Monopoly law, 25 April 2011, e-Competitions Bulletin April 2011, Art. N° 41003

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