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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

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