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Supreme Court Releases Its First Judicial Interpretation Regarding Anti-Monopoly Cases

The Supreme People’s Court has recently released the Rules on Issues concerning the Specific Application of Law in Handling Civil Disputes Caused by Monopoly Activities (hereinafter referred to as “Judicial Interpretation”), which will come into effect on 1 June 2012. The Judicial Interpretation consists of 16 articles and regulates the filing of lawsuits, case acceptance, jurisdiction, burden of proof, evidence, civil liability and limitation of action, etc. Article 2 of the Judicial Interpretation provides that a plaintiff can either directly file a lawsuit with a people’s court, or file a lawsuit with a people’s court after the affirmation of a case as a monopoly case by an anti-monopoly law enforcement authority becomes legally effective. The people’s court shall accept a case if the case meets the case acceptance requirements.

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