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ARTICLE · 09 MAY 2011

PRC Courts Clarify Aspects Of Anti-Monopoly Civil Actions

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On 25 April 2011 China’s Supreme People’s Court (SPC) published a draft judicial interpretation that explains how civil cases relating to alleged violations of the country’s Anti-Monopoly Law (AML) may be handled going forward.

ChinaAntitrust/Competition Law

Originally published April 28, 2011

Keywords: China, Supreme People's Court, PRC courts, anti-monopoly civil actions

On 25 April 2011 China's Supreme People's Court (SPC) published a draft judicial interpretation that explains how civil cases relating to alleged violations of the country's Anti-Monopoly Law (AML) may be handled going forward. The draft is entitled Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in Hearing Monopoly Civil Cases.

Release of the draft is a welcome development, given that a number of civil cases in this area have already been permitted to proceed (although none, it is understood, involving major foreign multinationals) notwithstanding the absence of clear procedural and substantive rules on case handling.

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