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Supreme Procuratorate Calls for Public Interest Litigation in Anti-monopoly Field

The Supreme Procuratorate recently issued the Notice on Implementing the Anti-Monopoly Law of and Actively and Steadily Carrying out the Procuratorial Work of Public Interest Litigation in the Anti-monopoly Field (hereinafter referred to as the Notice), with an urge to conscientiously implement the revised anti-monopoly law, actively and steadily carry out the procuratorial work of public interest litigation in the field of anti-monopoly, and focus on the areas of people's livelihood security, such as the Internet, public utilities and medicine. 

The Notice emphasizes that it is necessary to tighten the grasp on the application of anti-monopoly law and handling requirements of public interest litigation. It also highlights the key points of supervision and handling of cases, with a focus on the monopolistic behaviors prohibited by law, the important areas involving the national economy and people's livelihood, the key links related to market competition rules, and outstanding problems of public welfare damage that seriously infringe on the rights and interests of many consumers, while putting efforts to secure people's livelihood in areas such as the Internet, public utilities and medicine, and carry out procuratorial work on public interest litigation. 

According to the relevant provisions of the Anti-monopoly Law and the Rules of the Procuratorate for Handling Public Interest Litigation, the handling of public interest litigation cases shall be under the jurisdiction of the procuratorate at or above the municipal level in area where the illegal act occurred, the damage result occurred or the offender lived. Sensitive and complex cases involving compliance management of leading Internet enterprises, Internet industry policies, industry standards and international competition shall be handled directly by provincial procuratorates or supreme procuratorates. 

The Notice raises the threshold of filing conditions and approval procedures. To bring the law enforcement systems, and professional opinions of anti-monopoly law enforcement agencies to the spotlight, it reinforces accurately judgement on the monopolistic behavior of operators against social public interests and necessity for public interest litigation. For Internet enterprises that undertake certain public management functions and important social responsibilities, it explores the way to provide procuratorial suggestions in civil public interest litigation to help implement rectification. 

Notice emphasizes the gravity to improve self-capacity to provide guarantee for better handling public interest litigation cases, as well as the systematic study on the anti-monopoly legal system, the revised contents of the anti-monopoly law, the connection with the relevant provisions of the anti-unfair competition law, the law for consumer rights protection and personal information protection, the intellectual property law and other laws. It also urges to strengthen judicial case studies of anti-monopoly law enforcement, improve the connection mechanism between anti-monopoly law enforcement and public interest litigation procuratorial work, strengthen communication and coordination with courts, encourage public participation, and consciously accept public supervision.