The International Handbook on Private Enforcement of Competition Law

The International Handbook on Private Enforcement of Competition Law

Elgar original reference

Edited by Albert A. Foer and Jonathan W. Cuneo

With the international community on the brink of an explosion of private remedies for violation of national competition laws, this timely Handbook provides state-of-the-art analysis of the private enforcement of competition laws across the globe. Private enforcement of antitrust is becoming a significant component of competition policy laws worldwide; today, more than a hundred jurisdictions have adopted market regimes operating within a framework of competition law, providing a varied base for developing ways by which persons injured by anticompetitive conduct will (or will not) be able to obtain remedies.

Chapter 30: China

Zou Weining and Ma Chunsheng

Subjects: law - academic, competition and antitrust law, law -professional, competition and antitrust law

Extract

Zou Weining1 and Ma Chunsheng2 Introduction The Antimonopoly Law of the People’s Republic of China (Antimonopoly Law) was passed on August 30, 2007 and took effect on August 1, 2008. The Antimonopoly Law regulates the monopolistic acts of monopoly agreements, abuse of dominant market position, concentration of business operators and abuse of administrative power to eliminate or restrict competition. However, the Antimonopoly Law mainly focuses on substantive provisions and administrative enforcement proceedings. The Chinese administrative authorities in charge of antimonopoly investigations are now drafting its implementation rules and guidelines. For disputes related to properties and personal relationships between natural persons, juristic persons and other organizations, a civil action may be taken in the court. However, private antimonopoly enforcement in China is still in a preliminary phase. Because the Antimonopoly Law is not particularly clear on substantive and procedural issues related to private enforcement, the Supreme People’s Court (Supreme Court) has unofficially clarified certain issues and is currently drafting an official judicial interpretation on private enforcement. In China, judicial interpretations of the Supreme Court are binding on all Chinese courts. 1. Legal basis for private rights of action The Antimonopoly Law allows companies, organizations and persons (consumers), if adversely affected by monopolistic acts under the Antimonopoly Law, to sue for civil damages. Article 50 of the Antimonopoly Law states that ‘the business operators that carry out the monopolistic conducts and cause damages to others shall bear the civil liability according to law.’ Accordingly, if an interested party brings a civil action...

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