SANYOU
EN
JP
ZH
INSIGHTS CASE
The Supreme People's Court of China released 8 typical cases of anti-unfair competition cases and 5 typical anti-monopoly cases

2025/10/27 15:44:06

The Supreme People's Court of China has released 8 typical cases of anti-unfair competition and 5 typical cases of anti-monopoly. The anti-unfair competition cases cover areas such as imitation and confusion, infringement of technical secrets, commercial defamation, online unfair competition, and emerging sectors like artificial intelligence. These cases present 3 major characteristics:
1) We must adhere to strict protection to maintain a fair competitive order;
2) We must resolutely punish unfair competition behaviors such as "passing off famous brands" to serve high-quality development;
3) We must properly handle new types of disputes to guide the standardized development of emerging sectors.

(1) 2025 Supreme People's Court Typical Anti-Unfair Competition Cases

1. Unfair Competition Dispute over the "某牛" Business Name [Supreme People's Court (2024) Zui Gao Fa Min Zai No. 224] - Determination of the act of registering a business name with "certain influence" belonging to others.
2. "Centrifugal Compressor Selection" Software and Technical Secret Infringement Dispute [Supreme People's Court (2022) Zui Gao Fa Zhi Min Zhong No. 1592] - Identification of Technical Secret Infringement and Infringement Liability in the Establishment of a Hidden Inter-industry Company.
3. "Natural Protease 3" Trade Secret Infringement Dispute [Supreme People's Court (2023) Zui Gao Fa Zhi Min Zhong 2913, Wuhan Intermediate People's Court of Hubei Province (2022) E 01 Zhi Min Chu 707] - Determination of the secrecy of the overall technical solution.
4. Unfair Competition Dispute over Third-party Trading Platform for Online Games [Guangzhou Intellectual Property Court (2022) Yue 73 Min Zhong No. 3597, Guangzhou Internet Court (2020) Yue 0192 Min Chu No. 46315] - Determination of unfair competition behavior in game trading services.
5. "Attracting Traffic in Livestreaming Marketing" Trademark Infringement and Unfair Competition Dispute [Quzhou Intermediate People's Court, Zhejiang Province (2025) Zhe 08 Min Zhong No. 563, Zhejiang Quzhou Qujiang District People's Court (2024) Zhe 0803 Min Chu No. 1192] - Determination of imitation and confusion behavior in livestreaming marketing.
6. "Vehicle Maintenance Service" Unfair Competition Dispute [Shanghai Intellectual Property Court (2025) Hu 73 Min Zhong No. 33, Shanghai Minhang District People's Court (2024) Hu 0112 Min Chu No. 3840] - Determination of Commercial Defamation.
7. Unfair Competition Dispute involving "Photo Theft and Store Copying" of a moving software [Jiangsu Provincial Higher People's Court (2024) Su Min Zhong No. 212, Jiangsu Province Zhenjiang Intermediate People's Court (2023) Su 11 Min Chu No. 29] - Determination of unfair competition in infringing data rights and interests.
8. "Transforming Comic Special Effects" Unfair Competition Dispute [Beijing Intellectual Property Court (2023) Jing 73 Min Zhong No. 3802, Beijing Chaoyang District People's Court (2023) Jing 0105 Min Chu No. 71391] - Protection of Artificial Intelligence Model Structure and Parameters under Anti-Unfair Competition Law

(2) 2025 Supreme People's Court Typical Anti-Monopoly Cases

The anti-monopoly cases have focused on industries related to people's livelihood, such as transportation, building materials, active pharmaceutical ingredients, and chemical engineering. These cases involve abuse of administrative power, horizontal price monopolies, and monopolistic behavior by industry associations, highlighting the refinement of the regulatory system and the coordination between judicial enforcement and law enforcement.
1. Abuse of administrative power to exclude and restrict competition in "shared electric bicycles" [Supreme People's Court (2023) Zui Gao Fa Zhi Xing Zhong No. 1011] - Determination of acts of abuse of administrative power to exclude and restrict competition.
2. "Cement Association Horizontal Monopoly Agreement" Anti-monopoly Administrative Penalty Case [Supreme People's Court (2024) Zui Gao Fa Zhi Xing Zhong No. 148, Beijing Intellectual Property Court (2023) Jing 73 Xing Chu No. 6605] - Determination of Industry Associations Organizing Operators to engage in Monopolistic Conduct.
3. Anti-monopoly administrative penalty case of "camphor active pharmaceutical ingredient (API) horizontal monopoly agreement" [Supreme People's Court (2023) Zui Gao Fa Zhi Xing Zhong No. 30, Nanjing Intermediate People's Court, Jiangsu Province (2021) Su 01 Xing Chu No. 753] - determination of the conclusion and implementation of a horizontal monopoly agreement by API operators and the determination of the proportion of fines.
4. "Concrete Enterprise" Horizontal Monopoly Agreement Case [Supreme People's Court (2024) Zui Gao Fa Zhi Min Zhong 456, Chongqing First Intermediate People's Court (2023) Yu 01 Min Chu 303] - Presumption and Calculating Rules of Victim Losses in Horizontal Monopoly Agreements.
5. "Formaldehyde Sales Market" Horizontal monopoly agreement case [Supreme People's Court (2024) Zui Gao Fa Zhi Min Zhong 350, Wuhan Intermediate People's Court, Hubei Province (2023) E 01 Zhi Min Chu 335] - Determination of the conclusion and implementation of a horizontal monopoly agreements.