Supreme People's Court, Interpretation on Several Issues Concerning the Application of the «PRC Anti-Unfair Competition Law» (Draft for Comments)

Issued: August 19, 2021

Main content: With respect to the acts expressly enumerated in relevant laws, such as Part Two of the Anti-Unfair Competition Law, where a party requests that Article 2 of the Anti-Unfair Competition Law be applied, the people's court shall reject such request. With respect to acts not expressly enumerated in relevant laws, such as Part Two of the Anti-Unfair Competition Law, but violate the principle of good faith and commercial ethics and disrupt market competition order or prejudice the lawful rights and interests of other business operators or consumers, the people's court may apply Article 2 of the Anti-Unfair Competition Law in rendering its determination.

Where a party requests the application of Article 2 of the Anti-Unfair Competition Law solely on the grounds that its interests were prejudiced but fails to adduce evidence showing that the act that prejudiced a business operator's interests disrupted market competition order, the people's court shall reject such request in accordance with the law (Article 1).