Civil Law

The Value and Significance of the Rare Earth Antitrust Litigation

–At the Juncture of the Supreme Court Judgment

At the onset of 2024, AnJie Broad’s antitrust team secured a pivotal second instance judgment from the Supreme People’s Court of China (“the Supreme Court”) in the rare earth antitrust litigation. The ruling completely overturned the first instance judgement rendered by the first instance court Ningbo Intermediate People’s Court (“the Ningbo Court”), holding that the conducts of AnJie Broad’s client Hitachi Metals did not constitute abuse of market … Read the rest

Civil Law

Prosecutorial Civil Public Interest Litigation of Antitrust Case Under the New China’s Anti-Monopoly Law

Preface

The revised Anti-Monopoly Law of the People’s Republic of China (“New AML”) entered into force on August 1, 2022. The New AML introduces in the second paragraph of Article 60 that “where the monopolistic conduct of an undertaking damages social and public interest, the people’s procuratorate at or above the level of city with subordinate districts may file a public interest civil lawsuit with the people’s courts”, thereby clarifying for the first time the application of civil … Read the rest