ABA Comments

Antimonoply Law Resources in English

With the recent passage of a revised Antimonopoly Law, the drafting of new rules to implement the law for public comment, the elevation in status of SAMR’s Antimonopoly Bureau, and other developments, a new environment for antimonopoly law enforcement is beginning to emerge in China.

Here is the new law in Chinese.  Chinalawtranslate has also made an unofficial English translation available. The NPC Observer continues to provide usual links to the history of new laws, including the antimonopoly law, which is available here. A good summary of the new AML revisions by Prof. Han Wei can be found here.  I also recently summarized my observations regarding the impact of the new focus on antimonopoly enforcement on China’s handling of SEP litigation, especially antisuit injunctions.

To get a further sense of the IP-related antitrust enforcement priorities of SAMR, one might also wish to review IPO’s recent comments on SAMR’s Provisions on “Prohibiting Abuse of Intellectual Property Rights to Exclude and Restrict Competition,” and the American Bar Association’s recent comments on the “Five Draft Provisions Implementing the Antimonopoly Law of China.”  I thank both associations for their continuing commitment to transparency in sharing their comments.

If there are other translations or comments on these new developments that readers wish to share, please send them to me.

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