State Administration for Market Regulation, Anti-Monopoly Guidelines for the Platform Economy Sector (Draft for Comments)

国家市场监督管理总局关于平台经济领域的反垄断指南 (征求意见稿)

November 27, 2020 | BY

Susan Mok

SAMR issues the first anti-monopoly guidelines for online platform operators

Issued: November 10, 2020

Main contents: A business operator in the platform economy with a dominant market position could abuse its dominant market position by engaging in restrictive transactions with trading counterparties without legitimate reason to eliminate or restrict market competition. The following factors may be considered when analyzing whether a restrictive transaction is constituted:

(1)        requiring the counterparty "to choose one or the other" between competing platforms or acting otherwise that has the same effect;

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