Law report No. GLW-9107 · filed October 16, 2026
Antitrust & CompetitionReported case
China's Top Court Overturns Patent-Linked Antitrust Ruling
China's Supreme People's Court has overturned an antitrust ruling tied to a patent dispute in the construction sector, reopening the case.
By Amara Osei2 min read330 words
Holding
- China's Supreme People's Court overturned a patent-related antitrust ruling.
- The underlying dispute arose in the construction sector.
- MLex first reported the reversal by the top court.
- The full written judgment and its operative reasoning remain to be published.

China's Supreme People's Court has overturned a lower-court antitrust ruling that arose from a patent dispute in the construction sector, according to a report by MLex.
The decision, reported by MLex on the case, marks the latest intervention by China's highest judicial body in the increasingly crowded intersection of intellectual property and competition law. The top court set aside the prior ruling and returned the construction dispute to a new examination of the facts.
What does the reversal signal?
The case sat at the junction of two regimes. On one side stood patent rights; on the other, antitrust rules that can discipline how a patent holder exercises market power. Lower courts had already ruled once. The Supreme People's Court disagreed with their reasoning.
For litigants in China's construction industry, the message is blunt. Patent-related antitrust claims are not settled law at the intermediate level. The top court remains willing to review, and to reverse.
Why does the construction sector matter?
Construction disputes involving patents typically concern standardised technologies, licensing terms, and refusals to deal. When a patent covers technology that competitors must use to build, the patent holder's conduct can attract antitrust scrutiny. That scrutiny must, however, rest on correct legal foundations.
The Supreme People's Court found the prior ruling wanting. The precise reasoning has not been fully set out in the initial report, and practitioners will await the published judgment for the operative language.
What should practitioners take from it?
Companies litigating patent-antitrust claims in China should treat appellate risk as real. A favorable intermediate ruling offers limited comfort when the Supreme People's Court can undo it.
The takeaway, in plain words: China's highest court has reminded lower tribunals, and the parties before them, that patent-driven antitrust claims in the construction sector demand rigorous analysis, not assumption.
Further detail is expected when the court releases its full written judgment; MLex first reported the reversal.
— Amara Osei
via GN Antitrust (Source)
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Senior reporter covering people, launches and day-to-day practice in International law and legal practice at Global Law Wire.
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