(Source: "People's Court Daily" 2024-06-25)
Member of the Expert Advisory Group of the Anti-Monopoly and Anti-Unfair Competition Committee of the State Council
Huang Yong, Director of Competition Law Center and Professor of Law w88 casino, w88 casino
Recently, the Supreme People's Court issued a new w88 online live casino interpretation of anti-monopoly civil litigation and recently concluded 5 typical anti-monopoly cases. The release of the new w88 online live casino interpretation and this typical case not only summarizes w88 online live casino experience, condenses the rules and responds to social expectations, but also fully connects the old and new rules with practice, which helps to enhance the international credibility of my country's antitrust judiciary and highlight the advantages and competitiveness of my country's system.
1. Give full play to w88 online live casino initiative in protecting competition order
The release of typical cases and w88 online live casino interpretations fully reflects the w88 online live casino initiative of my country’s w88 online live casino organs in protecting the order of competition.
On the one hand, we constantly summarize and accumulate w88 online live casino experience. my country's Anti-Monopoly Law was first implemented in 2008, and the first w88 online live casino interpretation was implemented in 2012. However, due to the limited number of cases, w88 online live casino interpretations at that time stipulated antitrust civil litigation more from a procedural rather than a substantive perspective. In the 16 years since the Anti-Monopoly Law was implemented, both law enforcement and judiciary have accumulated a large amount of case experience. Antitrust cases are characterized by complexity, professionalism, publicity and even internationality. At the same time, the rules of antitrust law are highly abstract, which further increases the difficulty of case handling. To this end, the Supreme People's Court has selected typical antitrust cases for many years and released them to the public, providing operators and consumers with more and more rights protection and compliance guidance.
On the other hand, the connection between old and new rules and practice is properly handled. Since the completion of the first revision of my country's Anti-Monopoly Law in 2022, all sectors of society have always maintained high expectations for the simultaneous revision of w88 online live casino interpretations. The Supreme People's Court has taken active and prudent measures in responding to social needs and connecting old and new rules with practice. This time, the Supreme People's Court has revised and enriched the w88 online live casino interpretation on a considerable scale. On the basis of forming a draft, it has gone through repeated and in-depth demonstrations. At the same time, although the five typical cases all applied the anti-monopoly law and w88 online live casino interpretations before the amendment, the Supreme People's Court, based on its solid practical foundation and rich w88 online live casino experience, has made a good connection between the old and new rules, past and present practices and future practices, providing clear guidance for all sectors of society to further correctly understand and apply the new anti-monopoly law and w88 online live casino interpretations in the future.
II. Further clarify important issues in antitrust civil litigation
The five typical antitrust cases released this time involve important issues of great concern in theory and practice, such as the determination of the dominance of intellectual property rights, the determination of hub-and-spoke monopoly agreements, the relationship between antitrust law violations and contract invalidity, and the burden of proof in subsequent civil litigation caused by antitrust administrative enforcement. To a large extent, they respond to theoretical and practical concerns and fill the w88 online live casino gap.
The first is to respond to the difficulties in antitrust theory and practice. Take the case involving the abuse of market dominance involving "rare earth permanent magnet material patents" as an example. This case involves difficult issues in the application of antitrust laws in the field of intellectual property, such as the relevant market definition of non-standard essential patents and the identification of dominant positions. The result of the first-instance judgment is equivalent to the creation of a new concept of "de facto standard essential patents". In response to this urgent and clear legal issue, the second-instance judgment examined the market share of the downstream product market of the enterprise that obtained the sintered NdFeB patent license involved in the case and the substitutability of the patent involved in the case from both technical and commercial aspects by combining the market structure, technical background, relevant international w88 status and other specific case circumstances, and more strictly and objectively evaluated the market power of the patent involved in the upstream related technology market. The judicial attitude shown in the second instance judgment of this case is that in most cases a patent is not enough to constitute an independent relevant market, and the scope of a patent's "statutory exclusion" is often much smaller than the scope of the relevant technology market. It emphasizes that an operator cannot be deemed to have a dominant market position in the relevant market just because it owns a patent. It standardizes the identification standards and analytical ideas for the abuse of intellectual property rights to exclude and restrict competition. It is of great significance for correctly understanding the relevant intellectual property antitrust provisions in the application of antitrust laws and judicial interpretations of antitrust civil litigation, and straightening out the relationship between protecting intellectual property rights and preventing abuse of rights.
The second is to explore and improve the w88 online live casino connection mechanism for anti-monopoly law enforcement. Let’s take the follow-up litigation case of the “car sales” vertical monopoly agreement as an example. This case is a subsequent lawsuit filed by consumers against the party implementing the monopolistic behavior based on the antitrust administrative enforcement decision. Article 11 of the Anti-Monopoly Law clearly stipulates “improving the linkage mechanism between administrative law enforcement and justice”. However, there are difficulties in how to build this connection mechanism under multiple backgrounds, such as law enforcement and judiciary each exercising their powers in accordance with the law, and w88 online live casino organs also having the power to hear antitrust administrative litigation. In this case, the second-instance judgment recognized that the administrative penalty decision of the anti-monopoly law enforcement agency was sufficient to prove the existence of monopolistic behavior. In the process of determining compensation, the relevant evidence used to make the decision on the penalty involved in the case was obtained to construct a chain of evidence for determining the amount of compensation in subsequent anti-monopoly civil litigation, which effectively reduced the burden of proof for the plaintiff to file subsequent anti-monopoly civil litigation.
Third, it reflects the overall coordination of anti-monopoly justice. In anti-monopoly civil justice, the Anti-Monopoly Law provides the w88 online live casino authorities with the legal framework for identifying monopolistic behavior and the basic legal basis for plaintiffs to file compensation lawsuits. However, in practice, a more complicated situation is that the plaintiff may file a lawsuit to confirm the invalidity of the contract, infringement, etc. based on the anti-monopoly law, which involves the coordination and connection between the anti-monopoly law and the contract section and tort liability section of the Civil Code. The "Industrial Lubricant" hub-and-spoke agreement case and the "Traffic Signal Control Machine" horizontal monopoly agreement case respectively responded to the above-mentioned connection issues and reflected the overall coordination of anti-monopoly justice in our country's legal system.
3. Further provide w88 online live casino guarantee and support for promoting high-quality development
The international credibility and authority of anti-monopoly justice are necessary factors for high-level institutional opening, coordinating the promotion of domestic rule of law and foreign-related rule of law, building a new development pattern, and promoting high-quality development. Judging from the history of the development of antitrust laws in the world, the judiciary plays an important role in the implementation system of antitrust laws. Taking the United States as an example, antitrust legal principles with international influence such as "per se illegal" and "reasonable analysis" are the theoretical and practical experience summarized by the U.S. Supreme Court through a century of w88 online live casino exploration.
Among the typical cases released this time, the case involving the "Rare Earth Permanent Magnetic Materials Patent" and the abuse of market dominance case involving the "Desloratadine Citrus API Patent" involve antitrust issues of high international concern. my country's courts have set good examples in the process of handling the cases.
The case involving the "rare earth permanent magnet material patent" abuse of market dominance involves the issue of whether non-standard essential patents constitute "essential facilities" and therefore cannot refuse transactions. The relationship between antitrust and intellectual property rights is subtle, but they share the common goal of promoting innovation. Antitrust laws protect competition and promote innovation through competition; intellectual property rights give exclusive rights to innovation results and encourage innovation through property rights protection. When the exercise of intellectual property rights harms competition, antitrust law should intervene, so the two often conflict. The key to reconciling the above conflicts lies in understanding the market. Antitrust laws protect competition, and property rights are the prerequisite for the existence of the market and the development of competition. If the intervention of antitrust laws shakes the foundation of the market and competition, it is likely to be excessive intervention and violate relevant international consensus.
The case involving the abuse of market dominance of the "Patent for the API of Loratadine Citrus" involves the identification of unfairly high prices. Although EU competition law stipulates unfairly high prices, this provision is rarely applied in practice. The reason is that it follows the underlying market value that public power usually cannot replace market pricing. In this case, the judgment clearly stated that "particular caution should be exercised in identifying and regulating unfair high pricing" w88 online live casino attitude, which is completely consistent with internationally accepted market concepts and antitrust values.
In recent years, the central government has continuously emphasized comparison, docking, and high-standard international rules. In the implementation process, it is not enough to only refer to the texts of international conventions and bilateral and multilateral agreements. Because the clauses in these texts are usually "minimum consensus" formed by multiple countries and regions after repeated negotiations, games, and compromises. Using this as the highest standard will make it difficult to highlight my country's institutional advantages, attractiveness, and competitiveness. We must look through the text of international rules to see the higher-standard market concepts and values behind them, and deepen reforms in relevant domestic fields accordingly. The w88 online live casino attitude reflected in the relevant typical cases released this time is a reflection of my country's anti-monopoly judiciary fully possessing an international perspective, and will provide w88 online live casino guarantee and support for my country to participate more deeply in international competition governance and promote high-quality development in the future.
Attached original text link:https://mp.weixin.qq.com/s/kPw3bVfSt5p177_N2dWGpA
