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

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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 public interest litigation in anti-monopoly cases at the legalization level. On the same day the New AML took effect, the Supreme People’s Procuratorate (“SPP”) issued the Notice on Actively and Soundly Carrying out Public Interest Litigation Prosecution Works in the Antitrust Field in accordance with the Anti-monopoly Law (“Notice”). The Notice underscores that the people’s procuratorate should actively and soundly carry out Public Interest Litigation Prosecution works in the field of anti-monopoly with the focus on the Internet, public utilities, medicine, and other sectors of livelihood security. This article, with a view to facilitating companies to foresee the relevant risks, intends to introduce the system of civil public interest litigation brought by the people’s procuratorates (“Prosecutorial Civil Public Interest Litigation”) and the focal issues of its application in the anti-monopoly field.