The Guidelines for Anti-monopoly in the Field of Platform Economy to Be Formulated to Terminate Such Phenomena as “EITHER-OR” and “Big Data Price Discrimination”

Source:    |      Date:2020-11-13

  During the "Double 11” shopping gala, with the increasingly growing online economy, problems such as forcing merchants to make an “either-or” choice and using big-data analysis to price products to the disadvantage of existing customers cannot be ignored. In order to regulate the online economy and maintain fair competition, the State Administration for Market Regulation has released the draft Guidelines for Anti-monopoly in the Field of Platform Economy (Draft for Comments) for public comment.


  The Draft for Comments has proposed several cases of abusing the dominant market position, including limiting the merchants to make exclusive choice between competitive platforms, trade exclusively, or trade with designated operators, and forbidding the counterparty of a transaction to transact with a specific operator. Such limitation may be achieved through written agreement, telephone, oral agreement with the counterparty of the transaction, or through the actual setting of restrictions or obstacles in terms of platform rules, data, algorithms, technologies, etc.

  The 2020 China International Fair for Trade in Services (“CIFTIS”) was take place on September 4-9 in Beijing, with the theme of “Global Services, Shared Prosperity”. At the "China E-commerce Convention 2020: E-commerce New Business Forum" held during the session, Jia Shuying, Deputy Director-general of the Department of Electronic Commerce and Information of the Ministry of Commerce, said that next, we would focus on the following tasks:


  (Picture source: ebrun)

  1. We will establish a new governance system that is more suitable for market development, strengthen the publicity and management of the E-commerce Law and introduce targeted supporting regulations and rules; proactively adapt to the characteristics of new business models and formats, innovate regulatory models, lower barriers for market access, promote standardized operation, fair trading, and orderly competition among market players, and fully unleash the vitality of e-commerce innovation and social creativity.

  2.  We will accelerate the digital transformation of traditional commercial enterprises, step up efforts to cultivate digital commercial enterprises, and foster a number of digital service enterprises and innovative application enterprises.

  3. We will play an exemplary and leading role, carry out the activity of establishing e-commerce demonstration base in depth, promote the agglomeration and development of enterprises in all links of production and marketing and related service industries, improve industrial and ecological chains, drive a number of C2M characteristic industrial belts, build the demonstration base into a new highland for e-commerce industry, a new base for mass entrepreneurship and a new model for innovation and development.

  4. We will explore to establish an e-commerce through train for poverty alleviation in urban and rural areas, cultivate a batch of leading e-commerce enterprises, create a batch of safe, green and organic agro-products with geographical indications, organize direct sourcing and supply for e-commerce platforms, and establish through trains to connect urban and rural areas, so as to increase the farmers' income and expand urban consumption simultaneously.

  5. We will explore new space of Silk Road e-commerce cooperation, encourage domestic e-commerce platforms to go global, and explore the domestic third-party platform service and supply chain service market, support e-commerce enterprises to speed up the expansion of overseas purchasing and sales network, deeply involve in multilateral negotiations on e-commerce, take the initiative to set rules and topics, and promote the establishment of a rule system conducive to the healthy development of cross-border e-commerce.