Answer ... Yes, the defendant company can appeal the State Administration for Market Regulation’s (SAMR) decision. As this is an administrative decision, the defendant can choose either to apply for administrative reconsideration with SAMR or to file administrative litigation before the court.

Only the final decision may be challenged. In case of administrative reconsideration, SAMR is responsible for the review; while in administrative litigation, the competent court is responsible for the review. The standard of review applied in both cases is the review of all facts and evidence.

Answer ... Yes, third parties can challenge SAMR’s decision, as long as they have been directly affected by the decision.