Exclusionary or exploitative abuse of dominance in China?: Data as an important tool to exclude rivals and exploit consumers

Grace GAO Yajie

Chapter 20 in Research Handbook on Data, Privacy and Competition Law, 2025, pp 455-478 from Edward Elgar Publishing

Abstract: China's competition authorities take all stakeholders’ rights and interests into account when evaluating the side effects of an abuse of dominance. There is no priority of exclusionary abuse or exploitative abuse enforcement. The State Administration for Market Regulation (SAMR) has accumulated some experience in investigating digital abuses – Alibaba, Meituan, and China National Knowledge Infrastructure more specifically – almost all of which were about exclusivity. Market definition is influenced by data. As for substantive competition analysis, data is among the multiple elements that contribute to an online platform's market power, as well as market entry and expansion barriers, thus excluding competitors. Moreover, data helps an online platform exploit the counterparty, usually consumers from both sides. Theoretically speaking, the SAMR faces no obstacles in punishing new types of abuse, such as self-preferencing and excess data processing; in practice, however, it is more conservative, and other regulators tend to intervene.

Keywords: China; Anti-monopoly law; Abuse of dominant position; Data; Other regulatory tools; Other regulators (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802202328
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