Highlights of the SPC Interpretation on Civil Monopoly Disputes
July 12, 2024 | BY
Susan MokWu Peng, Fang Jianwei, Hou Chuchen and Wang Songyang of Zhong Lun Law Firm in Shanghai set out the highlights of a new judicial interpretation regarding civil disputes relating to an alleged monopoly
Summary
- Denial of arbitrability of cases of civil monopoly dispute cases
- Alleviating the plaintiff's burden of proof of definition of the relevant market
- Enhancement of the mechanism for coordination between justice and administrative law enforcement
- Clarification of joint and several liability for hub and spoke agreements
- Specification of anticipated benefits falling within the scope of loss calculation