China's Draft Anti-Monopoly Guidelines On Platform Economy

Introduction

China's competition regulator, the State Administration for Market Regulation ("SAMR"), issued a consultation draft of the Anti-Monopoly Guidelines on the Sector of Platform Economies (the "Draft Guidelines") on November 10, 2020. This marks China's first major step in formulating a comprehensive regime to regulate competition among platform businesses operated on the Internet (the "Platform Economy") and signals SAMR's changed regulatory priorities with a focus on anti-competitive behavior in the Platform Economy.

The Draft Guidelines attempt to address perceived shortcomings in applying traditional antitrust analysis to the Platform Economy. SAMR has drawn upon the experience of regulators and academics in this emerging area and attempted to consolidate the lessons learnt in various jurisdictions. The Draft Guidelines set out in detail the considerations that may be taken into account and the defenses that may be available, providing some guidance