PRC Courts Beginning To Establish Procedural Framework For Anti-Monopoly Litigation

Courts in the People's Republic of China recently have taken several steps to clarify enforcement procedures under the new Anti-Monopoly Law ("AML"). These actions signal that China's courts are actively developing judicial mechanisms to enforce the AML and are preparing both to accept private (civil) litigation and to handle judicial review of administrative decisions and enforcement brought against the governmental Antimonopoly Enforcement Authorities ("AMEAs"). We briefly discuss several courts' actions below, starting with the most recent.

Anti-Monopoly Panel Established Within Shanghai No. 2 Intermediate Court

On December 22, 2008, the Shanghai No. 2 Intermediate Court announced the establishment of a new specialized combined panel of judges (referred to below as the "Specialized AML Panel") dedicated to hearing AML lawsuits and related actions. The Specialized AML Panel includes seven experienced judges from the court's Intellectual Property and