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Friday, March 5, 2021 China On Feb. 7, 2021, the Anti-monopoly Committee of the State Council issued the Anti-monopoly Guide for the Platform Economy Sector (the “Platform Guide”). The Platform Guide represents a finalization of a previous draft released in November 2020. The rules under the Platform Guide apply to activities of the internet platform economy. Highlights of the Platform Guide include the following: Definition of the Relevant Market. In contrast to the general requirement that a market must be clearly defined before assessing market harm, the Platform Guide appears to create an exception when investigating cases in the internet platform economy. Article 4.3 of the Platform Guide suggests that there may be instances where the relevant market is not required.
Monday, December 14, 2020 China On Nov. 11, 2020, the Anti-Monopoly Bureau of the State Administration of Market Regulation (SAMR) released the draft Anti-Monopoly Guide for the Internet Platform Economy Sector (Platform Guide) for public comment. Under the Platform Guide, practices such as demanding that business partners only enter into transactions with one platform operator or engaging in price discrimination based on a customer’s shopping history or user profile could potentially be made illegal. The Platform Guide represents the first time that the SAMR has attempted to address competitive practices specifically pertaining to internet companies under the PRC Anti-Monopoly Law. The public comment period ended Nov. 30, 2020.