Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Under Article 60 of the AML, where any damage was caused by an undertaking's monopolistic conduct, that undertaking must bear the civil consequences. Civil actions are regulated by the Provisions of the Supreme People’s Court on the Application of Laws in the Trial of Civil Disputes arising from Monopolistic Practices issued in May 2012. Either follow-on or stand alone actions may be brought befor …

Enforcement by ordinary courts

Anyone can report any suspected monopolistic conducts to the SAMA. Depending on the evidence and facts, the SAMA decides whether or not to investigate. The SAMA may conduct inspections, question the undertakings and other relevant entities or persons, consult or copy the relevant documents, seize evidence and also enquire the bank account of the undertaking (Article 47 AML).

The SAMA and its officials are required to keep confidential any trade secrets, personal privacy and personal information made known to them during the process of investigation. (Article 49 AML). The undertakings or any interested party or other relevant entity or individual are required to cooperate and may not obstruct any investigation (Article 50 AML). The undertakings have the right to make known their view (Article 51 AML).

If the SAMA finds monopolistic conduct, it issues a decision and may make a public statement (Article 52 AML).

The antimonopoly law enforcement agency may interview the legal representative or person-in-charge and require him/her to propose improvement measures (Article 55 AML). Under Article 53 AML, The SAMA might suspend the investigation if the undertakings promise to “eliminate the impact of the conduct by taking specific measures within the time limit prescribed by the Anti-Monopoly authority”  The commitments taken will not be seen as an evidence of anti-monopoly conduct by the SAMA. The SAMA will supervise the performance of the commitments given by the undertaking. It will resume the investigation if the undertaking fails to implement its commitments, if there is any significant change to the facts on which the decision to suspend investigation was based or if the decision to suspend investigation was based on incomplete or inaccurate information. The SAMA's approach on commitments was developed in its Guidelines on Commitments in Monopoly Cases, released in June 2020. The guidelines specify that the procedure is not available for cartel cases and may not be used after the issuance of the prior notice of administrative penalty. Commitments are market-tested for at least 30 days and may have to be amended following the public's responses.

In the same year, China’s central market regulator also introduced rules for handling complaints within a fair competition framework, providing access to enhanced supervision mechanisms and effective avenues for appeal.

Proceedings before the SAMA

The AML contains no spectific provision regarding the availability of interim relief.

Interim relief

Under Article 60 of the AML, where any damage was caused by an undertaking's monopolistic conduct, that undertaking must bear the civil consequences. Civil actions are regulated by the Provisions of the Supreme People’s Court on the Application of Laws in the Trial of Civil Disputes arising from Monopolistic Practices issued in May 2012. Either follow-on or stand alone actions may be brought before an Intermediate People’s Court.

If an operator engages in monopolistic behavior and damages public interest, the People's Procuratorate at the level of the city with municipal districts may file a civil public interest law suit with the people's court in accordance with the law.

Under Article 67  a violation of the AML which is serious enough to constitute a criminal offense must be subject to criminal liability in accordance with the law.

Global Competition Law

921. Enforcement by ordinary courts

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Les notions juridiques connexes

921. Enforcement by ordinary courts

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Les notions juridiques connexes

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