The State Council’s Anti-Monopoly Guidelines Released Beijing Court Accepts Douyin’s Prosecution against Tencent

The Anti-Monopoly Commission of the State Council today officially released the “Guidelines for Anti-Monopoly in the Field of Platform Economy”, stating that platform operators may “choose one of two” among competing platforms, which may constitute an abuse of market dominance. According to mainland media reports, Douyin’s antitrust lawsuit against Tencent (700) was also accepted by the Beijing court, becoming the first antitrust lawsuit between internet platforms in the mainland.

According to the guidelines, the State Council’s Anti-Monopoly Law Enforcement Agency can make decisions in accordance with the provisions of the Anti-Monopoly Law to impose restrictive conditions on operators that are not prohibited, including the divestiture of tangible assets, divestiture of intangible assets such as intellectual property, technology, data, or related rights and interests And other structural conditions.

The committee pointed out that the anti-monopoly law enforcement agency encourages operators in the field of platform economy that participate in horizontal monopoly agreements to actively report the relevant situation and provide important evidence, and at the same time stop suspected illegal acts and cooperate with investigations. Business operators who meet the requirements for leniency may be mitigated or exempted from punishment.

In fact, after Alibaba (9988) was suspended from the listing plan of Ant Financial, the State Administration for Market Regulation formally launched an investigation into Alibaba’s “choose one” monopoly at the end of last year, and met with Ant Group many times.

Beijing court accepts Douyin sued Tencent

Following the release of the guide, according to mainland media reports, Douyin’s case against Tencent (700) for monopoly has also been accepted by the Beijing court. Since the Mainland published the “Guidelines for Anti-monopoly in the Field of Platform Economy (Draft for Comment)” at the end of last year, Douyin formally filed a complaint with the Beijing Intellectual Property Court last week to sue Tencent for monopoly.

Douyin accused Tencent of restricting users from sharing content from Douyin through its WeChat and QQ platforms, which constituted “abusing market dominance, eliminating and restricting competition monopolistic behavior”; applying for a court order for Tencent to immediately cease monopolistic behavior and publish a statement , And claim compensation for economic losses and reasonable expenses of RMB 90 million.

Tencent denied the relevant allegations at the time, believing that Bytedance was “maliciously framed” and that Bytedance’s products, including Douyin, “obtained personal information of WeChat users through various improper methods and violated the rules of the platform. It was previously by courts. The second injunction is issued to stop the infringement.”

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