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 liability according to the law. However,
not until the promulgation of the New Regulations did the AML and
its auxiliary regulations provide clear guidelines for a court to
handle an
