China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Anti-Monopoly Law of China (2022)

Wed, 16 Nov 2022

The Anti-Monopoly Law was promulgated on 30 Aug. 2007, and amended in 2022. The latest revision entered into force on 1 Aug. 2022.

The Law, which contains 70 articles, aims to prevent and restrain monopolistic conduct and protect fair market competition.

1. Does the law only apply within China?

No. This Law shall also apply to monopolistic conducts outside of China that serve to eliminate or restrict competition in China’s domestic market. (Art. 2)

2. Do the organizers or facilitators of monopoly agreements legally liable?

Yes. Organizers or facilitators of monopoly agreements shall be subject to the provisions on penalties against operators and shall assume corresponding legal liabilities. (Art. 56)

3. Can monopolistic conduct be sued in China?

Yes. Where an undertaking engages in monopolistic conduct, causing any loss to others, the injured shall file a civil lawsuit.

Where an undertaking engages in monopolistic conduct, causing any damage to the public interest, the people’s procuratorate at or above the districted city level may file a civil public interest lawsuit in the people’s court.

 

 

Cover Photo by Kenneth Yang on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

Related laws on China Laws Portal

You might also like

China Issues Sentencing Guidelines for Sex Crimes Against Minors

In May 2023, China’s Supreme People’s Court and Supreme People’s Procuratorate issued the sentencing guidelines for sex crimes against minors. Under the guidelines, anyone who coerces or induces a minor to expose his/her private parts or to commit any obscene act by such means as online video chatting or sending videos or photos shall be convicted and punished for the crime of coercive molestation or the crime of molesting a child.