Supreme People's Court, Provisions on Several Issues Concerning the Application of the Law in Trials of Civil Dispute Cases Arising from Monopolistic Acts

最高人民法院关于审理因垄断行为引发的民事纠纷案件应用法律若干问题的规定

Companies may institute anti-monopoly actions directly with the people's court without recognition by administrative departments.

Clp Reference: 5000/12.05.03 Promulgated: 2012-05-03 Effective: 2012-06-01

Promulgated: May 3 2012
Effective: June 1 2012

 

Applicability: For the purposes of these Provisions, the term “civil dispute cases arising from a monopolistic act” means a civil procedure case instituted in a people's court by a natural person, legal person or other organisation due to his/her/its suffering a loss as the result of a monopolistic act or due to a dispute arising as the result of the provisions of a contract, the charter of an industry association, etc. violating the Anti-monopoly Law (Article 1).

Main contents: If a plaintiff directly institutes a civil action in a people's court, or institutes a civil action after the handling decision by an anti-monopoly law enforcement authority finding that a monopolistic act has been constituted becomes legally effective, and other acceptance conditions specified in law are satisfied, the people's court shall accept the same (Article 2).

Related legislation: PRC Anti-monopoly Law, Aug 30 2007, CLP 2007 No.8 p.28

clp reference:5000/12.05.03prc reference:法释 [2012] 5号promulgated:2012-05-03effective:2012-06-01

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