Highlights of the SPC Interpretation on Civil Monopoly Disputes
July 12, 2024 | BY
Susan MokWu Peng, Fang Jianwei, Hou Chuchen and Wang Songyang of Zhong Lun Law Firm in Shanghai set out the highlights of a new judicial interpretation regarding civil disputes relating to an alleged monopoly
Summary
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- Denial of arbitrability of cases of civil monopoly dispute cases
- Alleviating the plaintiff's burden of proof of definition of the relevant market
- Enhancement of the mechanism for coordination between justice and administrative law enforcement
- Clarification of joint and several liability for hub and spoke agreements
- Specification of anticipated benefits falling within the scope of loss calculation
On June 24, 2024, coinciding with the second anniversary of the amendment to the Anti-Monopoly Law of the People's Republic of China (the "AML"), the Supreme People's Court (the "SPC") officially promulgated the Supreme People's Court, Interpretation on Several Issues Concerning Application of the Law in the Trial of Civil Monopoly Dispute Cases (最高人民法院关于审理垄断民事纠纷案件适用法律若干问题的解释) (the "New Interpretation"), effective as of July 1, 2024.
The New Interpretation is formulated in accordance with the AML as amended in 2022, based on the experience and practice of the Supreme People's Court, Provisions on Several Issues Concerning the Application of Law in the Trial 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) promulgated in May 2012.
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