Shanghai Court Issues First Decision Applying China’s Anti Monopoly Law

On October 23, 2009, the Shanghai No. 1 Intermediate People’s Court rejected an abuse-of-dominance case filed by Sursen Electronic Technology Co., Ltd. against Shanda Interactive Entertainment Ltd. and Shanghai Xuanting Entertainment Co., Ltd. This decision appears to be the first applying Article 17(4) of the Chinese Anti-Monopoly Law, which prohibits an undertaking with a dominant market position from “limiting a counterparty to trading only with it or with an undertaking designated by it without any justification.”