Entering the Storm: An Overview of Recent Anti-monopoly Investigations in China

The current “anti-monopoly enforcement storm” was prompted by China’s top leadership in late 2020 under the policy objective of “preventing disorderly expansion of capital”.  China’s anti-monopoly regulator, SAMR (and its provincial counterparts), has concluded more than 100 anti-monopoly investigations so far, at a rate of nearly one investigation every three days.  Many of China’s well-known internet companies have been penalized for various types of Anti-monopoly Law violations.  While internet giants’ non-filing due to the use of VIE structures significantly outnumbered other violations, headlines and attention have been largely devoted to abuse of dominance cases, in particular “choose one of two” exclusive dealing practices by internet platform companies. To further understand this enforcement storm, we analyze in this article its features and underlying reasons, and summarize notable developments among these anti-monopoly investigations, such as the adoption of two-sided market theories, use of sophisticated economic analysis, and imposition of administrative guidance for violators.  We also look prospectively into potential changes in China’s anti-monopoly investigative landscape that may result from legislative developments and the establishment of the State Anti-monopoly Bureau.  In light of government priorities, such as “common prosperity” and data security, this enforcement storm might become a “new normal”,