Newsletter on Chinese Antitrust 11.10-26.10.2024

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Newsletter on Chinese Antitrust 11.10-26.10.2024

Review № 17 of Chinese Antitrust News from the Experts of the BRICS Competition Centre

- BRICS Competition Law and Policy Centre noted in Kazan Declaration of the XVI BRICS Summit
- Quality and effectiveness of pilot antitrust inspections of operator concentrations is improving
- Meeting on the operation of Internet platforms in Beijing
- Research on unfair competition on the Internet, Qingdao
- Lecture on antitrust compliance in the livestock industry
- SAMR publishes rules for handling complaints about fair competition review
- JD.com, Alibaba and Hengli Group lead the top 500 Chinese companies by revenue 

BRICS Competition Law and Policy Centre noted in Kazan Declaration of the XVI BRICS Summit

On October 22nd - 24th the XVI BRICS Summit was held in Kazan. Following the Summit, the Kazan Declaration was adopted, paragraph 100 of which reads:

"We note the role of the BRICS International Centre for Competition Law and Policy in creating knowledge and sharing knowledge among the competition authorities of the BRICS countries, as well as the importance of ensuring the most favorable conditions for the development of competition law in the BRICS countries and work to eliminate monopoly barriers in socially significant markets. We welcome the holding of the IX International Conference on Competition under the auspices of BRICS in South Africa in 2025."

The parties also noted their commitment to further expanding and developing cooperation on competition law and policy among the BRICS countries in order to promote sustainable market development, effectively counter cross-border anti-competitive practices and create a favorable market environment.

The activities of the Centre were also previously noted in the Moscow Declaration of the XII BRICS Summit.

Quality and effectiveness of pilot antitrust inspections of operator concentrations is improving

On August 1st, 2022, SAMR launched a pilot project to delegate antitrust inspections of business concentrations to local authorities. From March to July 2024, an interim assessment of the effectiveness of the pilot project was conducted, which included more than 60 indicators. Over the past two years, a total of 854 transactions (57.74% of the total) have been submitted to local authorities for review. The quality and effectiveness of pilot inspections are constantly improving, and the market environment is becoming fairer and more dynamic, giving new impetus to the high-quality development of the economy.

Source: SAMR

Meeting on the operation of Internet platforms in Beijing

Head of SAMR Luo Wen held a seminar on the development of the platform economy. SAMR representatives made a special visit to the JD.com marketplace office to analyze the company's business activities. Nine marketplaces and platform providers of goods and services took part in the seminar, and they proposed possible measures to specifically promote the development of the platform economy. Luo Wen emphasized that the platform economy promotes high-quality economic growth, plays an important role in the development of innovation and enhancing international competitiveness. SAMR will take a problem-oriented approach and improve the transparent regulatory system. The agency will continue to support small and medium-sized enterprises, improve the quality of supervision, and ensure fair competition in the market. In addition, it plans to strengthen communication and information exchange with companies in the industry, improve policies and measures related to market supervision, and promote the healthy development of the platform economy.

Source: SAMR

Research on unfair competition on the Internet, Qingdao

Vice Minister of SAMR Meng Yang inspected the effectiveness of online anti-unfair competition enforcement in Qingdao, eastern China. As part of the inspection, Meng Yang met with local anti-monopoly authorities at the municipal and provincial levels, as well as representatives from 10 different online platforms, to discuss the implementation of the "Interim Provisions on Combating Online Unfair Competition". Qingdao also held a training session on price inspection and competition protection, with participants simulating 20 of the most representative cases and 10 of the most successful enforcement cases. According to available statistics, 7,459 unfair competition cases were handled nationwide in the first 8 months of 2024 (an increase of 8.59% over the previous year), of which 3,032 (or 40.65%) involved online unfair competition.

Sources: SAMR 1, SAMR 2

Lecture on antitrust compliance in the livestock industry

SAMR jointly with the Ministry of Agriculture and Rural Development of China organized a lecture on antitrust compliance in the livestock industry.

In order to maintain fair competition and promote the healthy development of the industry, the departments launched the “Law at Your Doorstep” initiative to familiarize enterprises with antitrust laws and regulations. This includes system interpretation, case analysis, and answering questions.

The departments will strengthen cooperation and act as a bridge between industry associations to join forces to protect and promote fair competition in the market.

Source: SAMR

SAMR publishes rules for handling complaints about fair competition review

On October 14th, SAMR published rules for handling complaints about any suspected violation of the policies and measures specified in the Regulations on the Fair Competition Review System.

The rules define the administrative responsibilities of departments at different levels, describe the process and timeframe for handling complaints, and the criteria for accepting reports for review. If, after an inspection, it is determined that the Regulations have been violated, the department will send a warning letter urging the matter to be rectified. If the matter is not rectified within the specified timeframe, the department will conduct an interview and then impose sanctions.

According to the rules, any department or individual may report a violation of the Regulations to the market supervision and management authorities. The rules also call on the public and the media to carry out public supervision and public opinion monitoring regarding violations of the Regulations.

Source: Wechat

JD.com, Alibaba and Hengli Group lead the top 500 Chinese companies by revenue

E-commerce giant JD.com has become the leader among China's most profitable companies in 2023, with revenue of 1.08 trillion yuan ($152.8 billion), according to the China Federation of Industry and Commerce. The company has held the top spot for the third year in a row.

It is followed by Alibaba with revenue of 928 billion yuan ($131.2 billion) and oil refiner Hengli Group with 812 billion yuan ($114 billion). Huawei took fourth place with revenue of 704 billion yuan ($98 billion).

Source: Yicaiglobal


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