Notice Of The Supreme People'S Court On Conscientiously Studying And Implementing The Anti Monopoly Law Of The People'S Republic Of China

In order to correctly apply the anti-monopoly law and hear cases related to the antimonopoly law, we hereby notify the following issues related to the study and implementation of the Anti-monopoly Law:

First, fully understand the significance of the implementation of the anti-monopoly law.

The antimonopoly law is a basic law to stop monopolistic behavior, protect market competition and maintain market order. It is also an important law to improve market structure, ensure economic security and ensure the basic role of market allocation of resources.

The antimonopoly law plays an extremely important role in safeguarding the legitimate rights and interests of operators and consumers, promoting technological innovation and technological progress, enhancing the competitiveness of enterprises, and ensuring the healthy, sustained and coordinated development of the national economy.

The people's courts at all levels should conscientiously study and implement the anti-monopoly law, correctly understand the legislative intent of the anti-monopoly law, give full play to the functions of the trial, and try to prevent the illegal monopolies by lawfully, prevent illegal monopolies, protect the legitimate rights and interests of the operators and consumers, and maintain the market order of fair competition.

Two, try all kinds of anti trust cases according to law.

The fiftieth provision of the anti-monopoly law stipulates: "if the operator conducts monopoly activities and causes losses to others, he shall bear civil liability according to law."

If a party brings a civil action for monopolistic action, the people's court shall accept the case in accordance with the law and adjudicate according to law if he meets the 108th conditions of the civil procedure law and the conditions for acceptance under the anti-monopoly law.

The antimonopoly law is closely related to the prevention of abuse of intellectual property rights and the protection of intellectual property rights, and also belongs to the category of competition law with anti unfair competition law.

The provisions on the causes of civil cases in the Supreme People's court, which came into effect in April 1st this year, centrally stipulate disputes between monopolies and unfair competition, and are unified into the scope of intellectual property disputes.

Accordingly, the people's courts at various levels are responsible for the trial of intellectual property cases, and they must perform their judicial functions according to law, conscientiously handle antitrust civil cases involving abuses of intellectual property rights and other kinds of anti monopoly civil cases.

In accordance with the specific administrative act made by the antimonopoly law enforcement agency according to the antimonopoly law, citizens, legal persons or other organizations who refuse to accept administrative proceedings shall determine whether administrative reconsideration is required according to the fifty-third provisions of the administrative litigation law and the antimonopoly law.

For cases that should be accepted by the people's courts, the people's courts should accept the cases and comply with the law according to law if they meet the conditions of prosecution prescribed in the administrative procedure law.

Three, strengthen the investigation and research work, conscientiously sum up the experience of anti trust trial.

Antitrust cases are highly complex and difficult, and economic and legal issues are intertwined and professionally strong, which have a significant impact on enterprises and industries. Some cases also involve national economic security.

Some provisions of the anti-monopoly law have strong principles and abstractness, involving relatively simple operation clauses of the people's court.

Therefore, many new situations and new problems will be encountered in the trial of antitrust cases. People's courts at all levels should take precautions, make early arrangements and cope with them, do a good job in investigation and research, and sum up the experience of adjudication in a timely manner.

In particular, we should strengthen the investigation and Study on case jurisdiction, plaintiff qualification, qualified defendants, identification of monopoly, civil liability and the legality of specific administrative actions against monopoly.

The Supreme People's court shall be reported to the Supreme People's court in time for the new situations, new problems and research results encountered in the anti-monopoly law.

For major anti-monopoly cases, we must conscientiously implement the system of reporting the most important cases.

Please comply with the above.

July 28th, two, eight