The 2022 Revision of China’s Anti-Monopoly Law: Global Antitrust Institute Comments on Draft Provisions of the Supreme People’s Court of the People’s Republic of China Concerning Application of the Law in Civil Disputes Arising from Monopolistic Conduct

ABSTRACT:

China's revised Anti-Monopoly Law (AML) went into effect in August 2022. In November, the Supreme People's Court (SPC) requested comments on its draft provisions for applying the AML in civil disputes. The Global Antitrust Institute's comment discusses the importance of the AML's newly expressed goal of promoting innovation, the burden-shifting framework implicit in much of the Law, the SPC's draft implementation of a such a burden-shifting framework, and implications of the framework for determining concerted conduct and dominant market position. We take particular note of the implications for patent disputes, internet platforms, and resale price maintenance.