Review №36 of Chinese Antitrust News from the Experts of the BRICS Competition Centre
- Draft Regulations on Platform Cooperation in Trademark Investigations
- Meeting between SAMR and the Cambodian Minister of Industry, Science, Technology and Innovation SAMR
- Draft Guidelines on Antimonopoly Compliance for Internet Platforms
- 4th Lecture on Overseas Antimonopoly Compliance
Draft Regulations on Platform Cooperation in Trademark Investigations
In response to the rapid growth of online commerce in China, SAMR has released for public consultation draft regulations on how e-commerce platforms can assist in investigating trademark infringement cases.
The regulations specify concrete measures through which e-commerce platform operators can support market regulators in investigating violations of trademark rights. In particular, platforms can help regulators take intellectual property protection measures in case of infringement and, upon request, obtain missing information from stores. This helps address the problem of “phantom” stores, where a seller on the platform does not operate at the stated address. If a platform allows stores to infringe on trademarks, the market supervision department has the right to initiate an investigation against the platform itself.
Source: SAMR
Meeting between SAMR and the Cambodian Minister of Industry, Science, Technology and Innovation SAMR
On November 17, SAMR head Luo Wen met with Hem Vanndy, Minister of Industry, Science, Technology, and Innovation of the Kingdom of Cambodia. The parties agreed to deepen cooperation in areas such as food safety supervision, metrology, standardization and conformity assessment, and facilitation of trade procedures.
Source: SAMR
Draft Guidelines on Antimonopoly Compliance for Internet Platforms
SAMR has published for public consultation a draft set of guidelines on antimonopoly compliance for internet platforms. The guidelines aim to help platform operators identify, assess, and prevent antitrust risks more accurately and to strengthen their confidence in sustainable development.
The document provides descriptions and examples of eight types of antitrust risks: 1) Algorithmic collusion between platforms 2) Entering or facilitating anti-competitive agreements, 3) Unfair pricing policies, 4) Selling below cost, 5) Platform blocking, 6) Forcing exclusive cooperation, 7) Imposing unfair transaction conditions, 8) Discriminatory treatment of buyers. Platform operators are encouraged to conduct self-assessments in advance using these examples to avoid violations of antitrust laws.
Sources: SAMR 1, SAMR 2, SAMR 3
4th Lecture on Overseas Antimonopoly Compliance
SAMR held the fourth lecture on overseas antimonopoly compliance for representatives of the aviation industry. The seminar focused on compliance challenges faced by airlines in promoting their services in international markets. Experts analyzed antitrust laws and regulations in key regions where airlines operate (e.g., EU, USA). Using case studies, they examined key aspects of identifying and mitigating risks in areas such as merger filings, prevention of anti-competitive agreements, and market dominance.
The seminar was organized by the China Air Transport Association and attended by representatives from dozens of aviation manufacturers and carriers. Since the beginning of this year, SAMR has launched a series of lectures on compliance with foreign antitrust laws, with the three previous lectures covering the automotive, semiconductor, and internet technology sectors.
Source: WeChat
