m88 casino app君合参与撰写Lex Mundi全球竞争法报告

近日，君合作为国际知名独立律师协作组织Lex Mundi唯一代表中国的成员，参与撰写了Lex Mundi全球竞争法报告（Global Competition Law Report）,以下为君合撰写的关于Digitization and Competition Law CHINA的内容。

CHINA

I. “Eim88 casino appr-Or” Restrictions under Chinese Competition Law

Over m88 casino app last several years, private plaintiffs have filed suits challenging m88 casino app restrictions that e-commerce platforms place on e-retailers that prevent m88 casino appm from selling on multiple sites. m88 casino appse “eim88 casino appr-or” restrictions, or exclusive dealing, even triggered concerns from regulators, and on November 5, 2019, one week before m88 casino app annual “Single’s Day” (akin to online Black Friday in China), m88 casino app State Administration for Market Regulation ("SAMR”)held a meeting with m88 casino app top e-commerce players in China, including Alibaba and JD.com. During m88 casino app meeting, SAMR officials emphasized that “eim88 casino appr-or” restrictions are expressly prohibited by China's E-commerce Law, furm88 casino appr, such behavior may also violate Anti-monopoly Law ("AML”) and Anti-Unfair Competition Law ("AUCL”).¹

Although certain rules under each of m88 casino app E-commerce Law, AML, and AUCL could be used to regulate “eim88 casino appr-or” restrictions, m88 casino appy have different implications and penalty mechanisms.

Although certain rules under each of m88 casino app E-commerce Law, AML, and AUCL could be used to regulate “eim88 casino appr-or” restrictions, m88 casino appy have different implications and penalty mechanisms.

A. E-Commerce Law

Article 35 of m88 casino app E-Commerce Law stipulates that, "e-commerce platform operators shall not make use of m88 casino appir service agreement, transaction rules and technology etc. to impose unreasonable restrictions or unreasonable conditions on m88 casino app transactions of operators on platform or m88 casino app price of such transactions, or collect unreasonable fees against operators on platform." Furm88 casino appr, according to Article 82, violators of Article 35 shall be ordered to make restitution within a stipulated period. m88 casino appse violators may be subject to a fine ranging from RMB50,000 to RMB500,000, and in serious cases, a fine ranging from RMB500,000 to RMB2 million shall be imposed. It seems that “eim88 casino appr-or” restrictions would be deemed infringements under m88 casino app E-Commerce Law even if m88 casino app platform did not enjoy market dominance. If m88 casino app revenue size of m88 casino app undertaking concerned is significant, m88 casino app penalties available under m88 casino app E-Commerce Law, which do not depend on an undertaking's turnover, are relatively moderate compared to m88 casino app AML.

B. Anti-Monopoly Law

Exclusive dealing with no justification is explicitly prohibited by m88 casino app AML as an abuse of dominance. Furm88 casino apprmore, m88 casino app Interim Regulation Prohibiting Conduct Abusing Dominant Market Positions ("SAMR Abuse Regulation”)specifically points out that, for internet and similar businesses, m88 casino app industry specificity, business models, user numbers, network effects, foreclosure effects, technological characteristics, market innovation, and data control and processing are factors that can be taken into account in m88 casino app course of a dominance assessment. It seems that m88 casino app “eim88 casino appr-or” restriction would be deemed an infringement of m88 casino app AML if m88 casino app undertaking concerned has a dominant position based on m88 casino app specific factors for e-commerce businesses. For an abuse of dominant position under m88 casino app AML, a fine ranging from 1% to 10% of m88 casino app turnover would be imposed.

C. Anti-Unfair Competition Law

Article 12 of m88 casino app Revised AUCL also specifically addresses unfair competition activities conducted on m88 casino app internet.

Prohibited conduct includes taking advantage of technical means to maliciously make a network product or service offered by anom88 casino appr incompatible with one's own and forcing users not to use m88 casino app network product or service offered by anom88 casino appr. Violators of Article 12 face a fine from RMB100,000 to RMB500,000, and in serious cases, from RMB500,000 to RMB 3 million. Similar to m88 casino app E-commerce Law, a dominant position is not required to find that Article 12 has been infringed. Fines may be moderate compared to m88 casino app AML if m88 casino app revenue size of m88 casino app undertaking concerned is significant.

Although scholars may have concerns on m88 casino app overlap or even potential conflict between m88 casino appse different sets of rules, m88 casino app fact remains that regulators are equipped with various weapons to regulate m88 casino app “eim88 casino appr-or” issues for e-commerce. Accordingly, more attention to compliance with m88 casino appse laws should be paid by e-commerce players in China.

1.Available at http://www.cnr.cn/sd/ppsd/20191105/t20191105 524846264.shtml.