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Edited Legal Collections Data |
Book Title: The International Handbook on Private Enforcement of Competition Law
Editor(s): Foer, A. Albert; Cuneo, W. Jonathan
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781848448773
Section: Chapter 30
Section Title: China
Author(s): Weining, Zou; Chunsheng, Ma
Number of pages: 5
Extract:
30 China
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 interpreta-
tion 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 ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2010/770.html