China Employment Law Network
Shanghai Business Lawyer
Legal Updates
Provisions of the Supreme People's Court on Certain Issues Relating to the Application of Law in Hearing Cases Involving Civil Disputes Arising out of Monopolistic Acts
released by:admin Time:2012-6-26 10:49:52 Read:1798Time

Promulgating Institution:      Supreme People's Court
Document Number:           Fa Shi [2012] No.5
Promulgating Date:           05/03/2012
This acts to protect and promote fair competition in the market and safeguard consumer interests and public interests.
A plaintiff can file a civil lawsuit after the monopolistic act has become legally effective. First-instance civil dispute cases are under the jurisdiction of the designated cities’ Intermediate People’s courts and those designated by the Supreme People’s Court. On approval by the Supreme People’s court, basic-level people’s courts may exercise jurisdiction over first-instance Civil Dispute Cases.

Where the monopolistic act falls under any of the acts of abusing market dominant position noted under Article 17 of the Anti-monopoly Law, the plaintiff bears the burden of proof to show that the defendant is dominant in the relevant market and has abused its position. If filing a defense on the of legitimacy of its act, the burden of proof is on the defendant.

Print | Close | Back
copyright@Shanghai Barry Law Firm
Add:Suite 701 Huanan Mansion, No.1988 Dongfang Road, Shanghai 200125 Tel:(86)13917214000 :(86-21)58819909,