Anti-monopoly disputes are civil cases where an
operator's monopolistic conduct leads to another's
losses, as described under article 60.1 of the Anti-Monopoly Law
(AML). As legislators have yet to clarify if
anti-monopoly disputes can be resolved in arbitration, courts in
practice have arrived at entirely different or even polar opposite
conclusions.
Besides generating public debate, these cases serve as
cautionary tales on potential risks for enterprises and
practitioners alike.
CURRENT LAWS
Under the Arbitration Law, contractual disputes and other
disputes over rights and interests in property between citizens,
legal persons and other organisations of “equal
subject” status may be arbitrated. Articles 3 and 17 of the
law set out types of disputes that cannot be arbitrated and
circumstances that would invalidate an arbitration agreement, but
without mentioning anti-monopoly disputes.
