Supreme People's Court, Provisions on Several Issues Concerning the Application of the Law in the Trial of Civil Monopoly Dispute Cases (Draft for Public Comments)

Issued: November 18, 2022

Main contents: Where a plaintiff institutes a civil procedure in a people's court pursuant to the Anti-Monopoly Law and the defendant challenges the same on the grounds of the existence of a contractual relationship and an arbitration agreement between the parties, the same shall not affect the people's court's acceptance of the civil monopoly dispute case (Article 3).

Where a monopolistic act committed outside the mainland of the People's Republic of China has the effect of eliminating or restricting competition in the domestic market and a party institutes, pursuant to the Anti-Monopoly Law, a civil procedure against a defendant that does not have a domicile in the mainland of the People's Republic of China, the people's court of the place where the competition in the domestic is directly and substantively affected shall have jurisdiction. Where such place is difficult to determine, the people's court of the place where there is another appropriate connection with the dispute or of the place where the plaintiff is domiciled shall have jurisdiction (Article 7).: