The Anti-Monopoly Law of the People Republic of China is expected to come into effect on August 1, 2008. In order to better use the law to try cases related to anti-monopoly, the Supreme People Court recently releases a circular, requiring people courts of various levels to perform their case-trying function according to law and do a good job in trying anti-monopoly cases in a pragmatic manner. The tribunal responsible for IP cases should pragmatically try civil cases of IPR abuse and other anti-monopoly civil cases of various kinds.
Anti-Monopoly Law is a basic law to curb monopolistic conducts and protect fair market competition, as well as an important law to improve the market structure, safeguard economic security and ensure the basic roles of the market in resource distribution. The circular points out that people courts of various levels should earnestly study and implement Anti-Monopoly Law, properly grasp its legislation intentions, full play the case-trying function, curb illegal monopolistic conducts through trying anti-monopoly cases according to law, protect the legal rights and interests of business operators and consumers, and protect the market order of fair competition.
According to the circular, the people courts should, according to law, accept and try a case litigated by the party concerned because of monopolistic conducts, as long as the case meet the conditions prescribed in Civil Procedure Law and Anti-Monopoly Law. Anti-Monopoly Law is closely related to curbing IPR abuse and protecting IPRs, and in the same category with Anti-Unfair Competition Law. The Provisions of the Supreme People Court on the Briefs of Civil Cases, which came into force on April 1 this year, brings monopoly disputes and unfair competitions of various kinds into the scope of IPR disputes. On this basis, the tribunals in charge of trying IP-related cases in the people courts of various levels should actively play their case-trying function, pragmatically trying IPR-related anti-monopoly civil cases and other anti-monopoly civil cases of various kinds.
The circular points out that where any citizen, legal person or other organization is dissatisfied with the specific administrative action taken by anti-monopoly law-enforcement agencies according to Anti-Monopoly Law and lodge an administrative lawsuit, it should determine whether to apply an administration reconsideration in light of the Administrative Procedure Law and Article 53 of Anti-Monopoly Law. For the case that should be handled by the people court, as long as it accords with the conditions to sue stipulated in the Administrative Procedure Law, the people court should accept and try the case according to law.
The circular points out that anti-monopoly cases are usually difficult and complicated as they combine economic and legal issues with strong professional requirements. Trying of such cases has great influences to both enterprises and industries. As some of the prescriptions in the Anti-Monopoly Law are stipulated in principle and abstractly, many new conditions and new problems will emerge during the process of trying anti-monopoly cases. People courts of various regions should make full preparation as soon as possible to pragmatically do the research work and timely sum up related experience.
