Filing Antitrust Suits In Chinese Court

As the Chinese Anti-Monopoly Law ("AML") came into force on August 1, 2008, the Chinese media has speculated widely as to which companies will be the first targets of lawsuits under the powerful new law. Article 50 of the AML provides that companies that cause losses to others by violating the AML are subject to civil liability. This vague provision leaves open two questions about private litigation under the AML: (1) whether private parties can file lawsuits directly with courts without a prior finding of infringement by the Antitrust Enforcement Authority ("AMEA") in the first place; and (2) whether a specialized antitrust tribunal or another set of courts will have jurisdiction over AML cases. These questions seem to be answered by the Regulation on Cause of Action in Civil Cases, promulgated by the Supreme People's Court ("SPC") on April 1, 2008 ("SPC Regulation"), and the Notice on Study and