China Law & Practice

Follow us:


China Law & Practice


CLP_editorial profile

In the news: Yahoo! folds China ops, trade secret law gets push and the local seed industry shakes up

Mar 24 2015 04:06 ·  reply ·  retweet ·  favourite
CLP_editorial profile

RT @HarvardBiz: How Asian executives of Western multinationals really view headquarters:

Mar 23 2015 03:28 ·  reply ·  retweet ·  favourite
CLP_editorial profile

CLP's Anti-corruption & Bribery toolkit for free download: by experts at @GT_Law @HSFlegal @SteptoeLLP @DavisPolkReg

Mar 23 2015 02:37 ·  reply ·  retweet ·  favourite

Change font size: Switch to default font size Switch to medium font size Switch to large font size

A question of strategy

There is more to dispute resolution in China than meets the eye. By making strategic choices, foreign businesses can maximise their chances of winning anti-monopoly and IP disputes

Keywords (click to search): dispute resolution AML intellectual property

Foreign businesses and their legal advisers often discuss how to weigh different dispute resolution methods such as mediation, arbitration and litigation to better protect their interests in China. They seem to have little understanding of other important options such as administrative review and administrative litigation, let alone considering carefully how these options could be used strategically to handle anti-monopoly and intellectual property issues.

Anti-monopoly disputes

The implications of this issue for anti-monopoly disputes are significant, as reflected in Article 53 of the 2007 PRC Anti-monopoly Law (中华人民共和国反垄断法) (AML). The provision stipulates, among other things, that if a business operator is dissatisfied with a decision made by agencies in charge of investigating monopolistic acts such as "monopoly agreements reached between business operators" and "abuse of dominant market position by business operators", the business operator "may apply for administrative review or lodge an administrative lawsuit according to law [author’s note: this means...

Register with China Law & Practice to unlock our premium content for the next 14 days.

**Full text translations are only available for individual purchase or as part of a subscription.