Your current location >> News
the peoples court of xuhui district accepted the first case of collusion in bidding for unfair competition after the amendment of the anti-unfair competition law
[2018-09-21]

recently, the peoples court of xuhui district, shanghai (hereinafter referred to as the peoples court of xuhui) accepted a case of collusion in bidding for unfair competition filed by shanghai naxin industrial co., ltd. (hereinafter referred to as the plaintiff) against hefei hayang electric automatic control equipment co., ltd.other companies (hereinafter referred to as the defendants). it has been the first case of collusion in bidding for unfair competition accepted by the peoples court of xuhui after the amendment of the anti-unfair competition law.

the plaintiff alleged that the four defendants colluded in bidding for unfair competition in the bidding project involved, which infringed on the legitimate rightsinterests of the plaintiff. so, the plaintiff filed a lawsuit to the peoples court of xuhui in accordance with the applicable provisions of general principles of the civil law, bidding law, regulation on the implementation of the bidding lawcivil procedure law. upon review, the relevant provisions on the act of collusive tendering (original article 15article 27) were d in the anti-unfair competition law amended on november 4, 2017. in the trial practice, how to deal with such cases remains controversial. one view holds that the provisions on the act of collusive tendering have been d in the anti-unfair competition law amended, so the case filed arising from act of collusive tendering should not be considered as a case of unfair competition however, another view holds that collusive tendering is, in essence, an act of disorderly competitionmalicious competition,thus, should be regarded as an act of unfair competition, despite some adjustments in the legislation. the peoples court of xuhui will treat with caution the new problems arising in the process of amendmentimplementation of such new laws to effectively safeguard the legitimate rightsinterests of the parties involved.

 

>> Chinese Version
The English version of this article, which is translated from the Chinese version by CTPC, is for reference only and shall be subject to the corresponding contents on the Chinese webpage.
Copyright @2014 Shanghai High People's Court, All Rights Reserved.