Under China’s Anti-Monopoly Law (AML), which has been in force since 2008, public and private enforcement have worked in tandem to promote compliance with the AML.
However, as the AML does not require regulatory action prior to the commencement of civil proceedings, issues can arise as to whether the two separate proceedings should progress in tandem or the private action should be stayed.
Beijing partner Susan Ning, along with Kate Peng, Jia Liu and Rui Li, have written an insightful overview of how the dual system of enforcement has worked in practice to date, and identify – on the fifth anniversary of the AML’s introduction – some issues that require further clarification.
Read their full article at China Law Insight.
Photo credit: liam_swinney / Foter / CC BY