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SPC Publishes Competition and Anti-monopoly Typical Cases of 2023

Tue, 21 Nov 2023
Categories: China Legal Trends

On 14 Sept. 2023, China’s Supreme People’s Court (SPC) published ten typical cases of anti-monopoly and anti-unfair competition in Chinese courts in 2023, including five typical cases of anti-monopoly and five typical cases of anti-unfair competition.

The five anti-monopoly typical cases include three cases of abuse of dominant market position involving four types of abuse, such as unfairly high prices, restricting transactions, imposing unreasonable trading conditions, and refusal to deal, and two cases of monopoly agreements involving vertical and horizontal agreements respectively. The cases involve industries such as pharmaceuticals, funeral services, automobile sales, and building materials.

The five typical cases against competition involve various aspects of unfair competition, including the application of general terms of unfair competition, confusion, false advertising, infringement of technical secrets, and disputes over unfair competition on the Internet. The cases span consumer sectors such as household appliances, short videos, online games, and restaurant reviews, and high-tech sectors such as diagnostic reagents.

In the third case, SAIC General Motors Sales Co., Ltd (“GM”) was penalized by the government for entering into and implementing a minimum price monopoly agreement with its dealers. The consumers subsequently demanded that GM and its dealers compensate them for the loss in price of the vehicles they had purchased.

The SPC upheld the consumers’ claim in the second trial.

 

 

Photo by Jay cai on Unsplash

Contributors: CJO Staff Contributors Team

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