China News Service, August 1st, according to the official website of the Supreme People's Procuratorate, recently, the Supreme People's Procuratorate issued the "Notice on Implementing the "Anti-Monopoly Law of the People's Republic of China" Actively and Steadily Carrying out Public Interest Litigation and Prosecution Work in the Anti-monopoly Field" (hereinafter referred to as "" Notice), requiring conscientious implementation of the revised anti-monopoly law, active and prudent public interest litigation and inspection work in the anti-monopoly field, focusing on the Internet, public utilities, medicine and other areas of people's livelihood security.

  On June 24 this year, the 35th meeting of the Standing Committee of the 13th National People's Congress reviewed and approved the "Decision of the Standing Committee of the National People's Congress on Amending the Anti-Monopoly Law of the People's Republic of China". It came into effect on January 1, and specifically added provisions related to procuratorial public interest litigation.

In this regard, the "Notice" clearly pointed out that the newly revised anti-monopoly law authorizes procuratorial organs to initiate anti-monopoly civil public interest litigation, which is a new and higher requirement by the party and the state for the legal supervision of procuratorial organs, and a new and higher requirement for the people's public interest litigation procuratorial work. higher expectations.

It is necessary to fully understand the significance of adding procuratorial public interest litigation clauses in the Anti-Monopoly Law, and further enhance procuratorial consciousness and sense of responsibility in performing their duties.

  The "Notice" emphasizes that it is necessary to accurately understand the application of the anti-monopoly law, and strictly grasp the requirements for handling cases of anti-monopoly public interest litigation.

It is necessary to highlight the key points of supervision and case handling, and in accordance with the relevant anti-monopoly guidelines and guidelines of the Anti-Monopoly Committee of the State Council, focus on monopolistic behaviors that are explicitly prohibited by law, important areas involving the national economy and people's livelihood, key links related to market competition rules, and public welfare damage that seriously infringes upon the rights and interests of many consumers Focus on the areas of people's livelihood security such as the Internet, public utilities, and medicine, and carry out anti-monopoly public interest litigation and inspection work accurately.

  According to the relevant provisions of the Anti-monopoly Law and the "People's Procuratorate's Public Interest Litigation Handling Rules", the handling of anti-monopoly civil public interest litigation cases shall be under the jurisdiction of the procuratorate at or above the city level where the illegal act occurs, the damage results, or where the offender's residence is divided into districts.

Major, sensitive and complex cases involving compliance operations of leading Internet companies, Internet industry policies, industry standards, and international competition shall be directly filed and handled by provincial procuratorates or the Supreme People's Procuratorate.

  The "Notice" requires a strict grasp of the conditions for filing a case and the approval procedures.

Respect the law enforcement laws, rules and professional opinions of anti-monopoly law enforcement agencies, and accurately determine whether the monopoly behavior of the operator infringes on the public interest, and whether it is necessary to file a civil public interest lawsuit.

For Internet companies that undertake certain public management functions and important social responsibilities, it is possible to explore ways to urge them to rectify by means of civil public interest litigation and procuratorial suggestions.

  The "Notice" emphasizes that it is necessary to strengthen its own capacity building and provide guarantees for the successful handling of anti-monopoly procuratorial public interest litigation cases.

Systematically study the system of anti-monopoly laws and rules, focus on strengthening the study of the revised content of the anti-monopoly law, and pay attention to strengthening the connection with the relevant provisions of the Anti-Unfair Competition Law, the Consumer Rights Protection Law, the Personal Information Protection Law, and the Intellectual Property Law. Enhance the ability to solve problems systematically.

It is necessary to strengthen judicial case studies on anti-monopoly law enforcement, improve the linking mechanism between anti-monopoly law enforcement and public interest litigation and prosecution, strengthen communication and coordination with courts, encourage public participation, and consciously accept social supervision.