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

Supreme Court

COVID-related postponements and prosecutorial delays under the Speedy Trial Act

COVID-related postponements and prosecutorial delays under the Speedy Trial Act

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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, claims from two criminal defendants under the Speedy Trial, which dictates timeframes for different stages of criminal prosecutions.  

Under the Speedy Trial Act, the government must file an indictment within 30 days of arresting someone, and the trial must begin within 70 days of the indictment. If the government fails to meet these deadlines, the defendant can move to dismiss the indictment. … Read the rest