China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Amends Rules on Prohibiting Abuse of Dominant Positions

Mon, 22 May 2023
Categories: China Legal Trends

On 10 Mar. 2023, China’s State Administration for Market Regulation (SAMR) issued the amended Provisions on Prohibiting Abuse of Dominant Market Positions (hereinafter the “Provisions”, 禁止滥用市场支配地位行为规定).

This amendment comes only one year after China amended the Provisions in March 2022.

According to the Provisions, “dominant market position” means a market position that an operator may control the prices, volumes, or other transaction conditions of commodities in a relevant market, or can obstruct or affect other operators from entering into the relevant market.

The amendment mainly regulates the monopoly of Internet platforms. Among others, the following new elements are noteworthy.

  • Operators with dominant market positions shall not utilize data, algorithms, technologies, platform rules, etc., to conduct acts of abusing their dominant market positions.
  • Operators with dominant market positions shall be prohibited from offering differentiated treatments in terms of transaction conditions to transaction counterparties with the same conditions without justified reasons.
  • Operators with dominant market positions shall be prohibited from conducting tie-in sales of commodities without justified reasons or restricting other unreasonable transaction conditions in transactions, involving conducting tie-in sales or combined sale of different commodities in violation of transaction practices and consumption habits or disregard of the functions of commodities by utilizing contract terms or pop-ups or taking necessary steps and other methods making it difficult for counterparties to choose, modify or refuse.

 

 

Cover Photo by Vincent Lin on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

Guangdong High Court Highlights Landmark Mainland-Hong Kong Bankruptcy Ruling

Among 10 typical cases released by the Guangdong High People's Court to advance legal alignment in the Greater Bay Area, a landmark ruling (Re Guangdong Overseas Construction Corporation) stands out for securing Hong Kong judicial recognition for a bankruptcy administrator appointed by a mainland court outside designated pilot regions.

China Publishes First Typical Cases in Sports Arbitration

China Commission of Arbitration for Sports (CCAS) has released its first set of six typical cases, establishing a precedent, among others, that sports agency contract disputes fall under specialized sports arbitration rather than general commercial arbitration.

China Designates Beijing Court for ICSID Arbitral Awards

China has officially designated the Beijing No. 4 Intermediate People's Court to handle the recognition and enforcement of ICSID awards, filling a long-standing procedural gap and advancing its restrictive immunity framework.

PRC Double Interest neither Double nor Penal, Australian Courts Clear Its Name When Enforcing Chinese Judgments

Recent Australian case law clarifies that the “double interest” mechanism in the People’s Republic of China (PRC) monetary judgments functions as a compensatory post-judgment interest framework rather than an unenforceable penalty. This consolidates Australia’s position as a highly attractive and creditor-friendly forum for enforcing Chinese judgments. See Zhengzhou Lvdu Real Estate Group Co v Shu [2024] NSWSC 58 (6 February 2024), Fu v Pang [2025] VSC 597 (16 September 2025)