China: Implemented Provisions on the Prohibition of Abuse of a Dominant Market Position

On 15 April 2023, the Provisions on the Prohibition of Abuse of a Dominant Market Position, adopted by China's State Administration for Market Regulation (SAMR) as one of four regulations supporting and implementing the amended Anti-Monopoly Law on 10 March 2023, came into effect. These Provisions define the concept of a dominant market position and set out the enforcement process and relevant exceptions in case of suspected unilateral conduct. Notably, the Provisions set out relevant characteristics for identifying relevant markets and determining a dominant position in cases related to the platform economy. Further, the Provisions prohibit the use of data, algorithms, technology, and platform rules to engage in unilateral conduct.