Abstract:

The 2022 amendment to the Anti-Monopoly Law of the PRC (AML) makes minor modifications to the 2008 AML, in response to challenges raised by the platform economy. Through introducing a new article (Article 9) to the General Chapter and revising previous article against abuse of dominant market position (Article 22(2)), the 2022 AML provides explicit legal basis for the Chinese competition authority to directly respond to the platform economy. Articles on the new legislative purpose (“encouragement of innovation”), hub-and-spoke arrangement, review of mergers having not met the notification threshold, and the classification and grade mechanism in relation to merger control are indirect responses to the platform economy. To more efficiently and effectively implement the 2022 AML, Chinese competition authority should improve supporting guidelines and regulations, especially cautious application of technical concepts, to guarantee a good match between anti-monopoly regime and the development of platform economy. Positive roles played by capitals should be respected when controlling the expansion of capitals through merger control and other anti-monopoly tools. To better coordinate the relationship between anti-monopoly rules, and data protection, consumer right and interest protection rules, China should think twice before introducing provisions against exploitative abuse of dominance.

Key words: anti-monopoly law, platform economy, competition