The Draft Of New Judicial Interpretation On PRC Antitrust Law - Part II: Changes To Substantive Matters

Preamble

On November 18, 2022, the Supreme People's Court of the People's Republic of China (the "SPC") published an announcement soliciting public comments on the draft of Provisions of the Supreme People's Court of the People's Republic of China on Several Issues concerning the Application of Law in the Trial of Monopoly-related Civil Dispute Cases ( the "Draft"). Compared with the Provisions of the Supreme People's Court of the People's Republic of China on Several Issues concerning the Application of Law in the Trial of Civil Dispute Cases Arising from Monopolistic Conduct (the " 2012 Interpretation") issued by the SPC in 2012, which is the first judicial interpretation on China's antitrust law, the Draft encompasses 52 articles and provides much more detailed interpretations on lots of procedural and substantive matters involved in antitrust civil litigation. When the Draft is formally adopted and comes into effect in the future, the 2012 Interpretation will