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    China's courts to keep strengthening judicature of anti-monopoly and -malfeasant competition


    1/19/2022|INSIGHTS

    (english.court.gov.cn)

    He Rong, executive vice-president of the Supreme People's Court of China, attended the opening ceremony of the 7th BRICS International Competition Conference on Nov 16 and made remarks.

    She said China’s courts will adhere to the equal protection of the legitimate rights and interests of Chinese and foreign parties in accordance with the law, strengthen the judicature of anti-monopoly and anti-malfeasant competition, effectively protect the legitimate rights and interests of consumers, operators and social public interests, and actively create a market-oriented, law-based and internationalized business environment.

    Since the 18th National Congress of the Communist Party of China (CPC), China's courts have strictly implemented equal protection principles and accurately applied international rules. They have cultivated a law-based environment where enterprises both from China and foreign countries have access to fair competitions and have served the higher level of opening-up, He said.

    Courts in China have tried 852 civil monopoly cases and 25,000 civil malfeasant competition cases since 2013, He said, adding that the courts have issued judicial interpretations on internet related intellectual property rights, trade secrets and punitive damages, tried a number of typical cases on e-commerce platforms, strengthened the judicial system of platform economy, clarified rules and regulated transactions through judicial decisions, so that the courts maintained a fair competition market order in accordance with the law.

    China's courts have communicated and cooperated with other departments including the State Administration for Market Regulation to improve the synergic mechanism between administrative law enforcement and justice and form joint efforts for anti-monopoly and anti-malfeasant competition.

    China is committed to promoting high-standard institutional opening-up, He said, adding that the courts will continue to fairly and effectively hear foreign-related cases in accordance with the law and equally protect the legitimate interests of Chinese and foreign parties, to strengthen anti-monopoly and anti-malfeasant competition justice to promote a fairly competitive market environment, to actively follow scientific and technological progress and trend of digital economy development, and to strengthen justice of key areas such as platform economy, scientific and technological innovation, information security and livelihood guarantees.

    The courts will uphold the concept of a community with a shared future for mankind, stick to the basic principles of international law, strengthen international judicial cooperation and pragmatic cooperation, and work with all walks of life to promote the formation of a more just and reasonable international economic governance system, He said.

    The 7th BRICS International Competition Conference is an important practical event under the framework of BRICS Leaders' Meetings. It has been held every two years in BRICS countries in rotation since 2009.

    The theme of this year's conference is Openness - Competition - Development, and nearly 400 delegates from different countries and regions as well as relevant international organizations participated in the conference both online and offline.