The Supreme People’s Court of China issues a judgment which finds that a patent settlement agreement constitutes a horizontal monopoly agreement in violation of Anti-Monopoly Law (Shanghai Huaming Power /Wuhan Taipu Transformer Switch)

The Supreme People's Court of China ('SPC') issued a judgment on 21 March 2022 which found that a patent settlement between Shanghai Huaming Power Equipment Manufacturing ('Huaming') and Wuhan Taipu Transformer Switch ('Taipu') constituted a horizontal monopoly agreement in violation of China’s Anti-Monopoly Law ('AML'). Key takeaways Article 13 of the AML prohibits horizontal monopoly agreement among competing undertakings, including (among others) agreements that fix prices, limit production or sales volumes; and divide or segments sales markets (e.g., by geography, product or customer type).Pursuant to Article 55 of the AML, a right holder that oversteps the boundaries in exerting its exclusive intellectual property rights and abuses those rights in a manner that eliminate or

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  • Ashurst (Singapore)
  • Ashurst (Abū Dhabī)

Quotation

Angie Ng, Adelle Elhosni, The Supreme People’s Court of China issues a judgment which finds that a patent settlement agreement constitutes a horizontal monopoly agreement in violation of Anti-Monopoly Law (Shanghai Huaming Power /Wuhan Taipu Transformer Switch), 21 March 2022, e-Competitions March 2022, Art. N° 106801

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