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ARTICLE · 16 JULY 2024

New SPC Judicial Interpretation In China Widens Path For Private Antitrust Litigation

Jones Day
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The Development: China's Supreme People's Court ("SPC") recently released a Judicial Interpretation of Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases Arising...

ChinaAntitrust/Competition Law
John Majoras
John Majoras
Craig Waldman
Craig Waldman
Nicholas Cotter
Nicholas Cotter
Hiromitsu Miyakawa
Hiromitsu Miyakawa
Lawrence Wang
Lawrence Wang
Peter Wang
Peter Wang
Yichen Wu
Yichen Wu
Qiang Xue
Qiang Xue
Yizhe Zhang
Yizhe Zhang
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In Short

The Development: China's Supreme People's Court ("SPC") recently released a Judicial Interpretation of Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases Arising from Monopolistic Conduct ("the New Judicial Interpretation"). The New Judicial Interpretation replaces its May 2012 predecessor to align with 2022 amendments to China's Anti-Monopoly Law ("AML") and seeks to reconcile administrative and judicial enforcement of the AML.

The Result: The New Judicial Interpretation makes it easier for private antitrust plaintiffs to pass initial hurdles for their cases to reach substantive stages, something that previously has proven difficult. It also offers more detailed guidance on potential defense strategies.

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