Introduction
China's Antimonopoly Law (AML) came into force on 1 August
2008. The AML prohibits monopoly agreements, abuses of dominant
market positions, anticompetitive concentrations, and
administrative monopolies. These four areas form the substantive
basis for antitrust litigation in China.
Antitrust litigation in China can be classified into two broad
categories: civil and administrative litigations. Antitrust civil
litigation concerns disputes arising from monopoly agreements,
abuses of dominant market positions or concentrations conducted by
business operators (including private individuals, legal persons
and other organisations). Antitrust administrative litigation
concerns disputes arising from administrative monopolies conducted
by public authorities or competent organisations, as well as
antitrust decisions or penalties made by antitrust authorities (for
judicial review). Moreover, when antitrust authorities do not carry
out investigations as requested
