Review № 18 of Chinese Antitrust News from the Experts of the BRICS Competition Centre
- Digital Platform Review in Shanghai
- Competition Cooperation with Italy and Mongolia
- Recommendations for SME Support by Digital Platforms
- Special Regulatory Measures during Sales
- Antitrust Compliance Workshop in Pharmaceuticals
- Antitrust Guidelines for SEPs
Digital Platform Review in Shanghai
SAMR Minister Luo Wen visited Shanghai to monitor the operations of digital platforms. In particular, the delegation examined the business operations of Shanghai-based marketplace Dewu. Luo Wen then held a workshop to promote the healthy development of the platform economy. Representatives from eight Shanghai-based platforms briefed the regulator on the challenges they face and shared their proposals for policy measures.
Source: SAMR
Competition Cooperation with Italy and Mongolia
On November 8th, in the presence of Chinese President Xi Jinping and Italian President Sergio Mattarella, SAMR Chairman Luo Wen and Italian Ambassador to China Massimo Ambrosetti signed a MoU on cooperation between the two countries in the field of competition. According to the document, China and Italy intend to exchange information and experience in the field of antitrust regulation, build regulatory capacity on competition issues of mutual interest, and jointly maintain a fair and competitive market order.
Earlier, Luo Wen and Mongolia Deputy Prime Minister Sainbuyangiin Amarsaikhan also signed a similar MoU on cooperation in the field of competition in Shanghai. The document is intended to promote mutual openness between the two agencies in the field of market regulation.
Recommendations for SME Support by Digital Platforms
SAMR has published Guidelines on the Use of Traffic by Digital Platforms to Support the Development of Micro, Small and Medium-Sized Enterprises. The Guidelines are intended to help address the practical difficulties faced by business entities when operating as suppliers of goods and services on platforms. The Guidelines propose a more rational distribution of traffic flows, clarification of traffic-related rules for platforms, improvement of the accuracy of traffic distribution, and provision of various measures to support suppliers using traffic. Specific support measures are needed, in particular, for suppliers of agricultural products, innovative companies, and newly registered business entities on the platform.
Special Regulatory Measures during Sales
On the eve of the biggest online sale of the year (11.11), SAMR has issued marketing tips to help marketplaces avoid violations in a timely manner. The tips include:
─ avoid forcing exclusive cooperation (the so-called "choice of one of two"),
─ conduct a strict audit of advertising content (especially related to medical products and services),
─ strengthen control over marketing streams (live sales),
─ pay special attention to checking the quality of goods offered on the platform,
─ promptly consider consumer appeals.
Source: SAMR
Antitrust Compliance Workshop in Pharmaceuticals
On October 30th, SAMR held the 7th Antitrust Compliance Seminar in the Pharmaceutical Industry in Beijing. The pharmaceutical industry is an important part of China's national economy and is closely related to people's lives and health. SAMR called on industry entities to learn from the standard cases published by the agency, proactively strengthen compliance management, effectively identify, assess and prevent antitrust risks, and participate in competition in accordance with legal requirements.
Source: SAMR
Antitrust Guidelines for SEPs
SAMR has published Antitrust Guidelines for Standard Essential Patents. The Guidelines propose a framework for antitrust regulation of the use and licensing of SEPs. The document sets out principles for the analysis of anticompetitive practices that may be associated with SEPs, establishes disclosure requirements, and describes specific types of anticompetitive practices related to SEPs: anticompetitive agreements, abuse of a dominant position, and unlawful concentration transactions.
Source: SAMR
