China: Consultation opened on draft Provisions on the Prohibition of Abuse of a Dominant Market Position

On 27 June 2022, China's State Administration for Market Regulation (SAMR) published and opened a consultation on the draft Provisions on the Prohibition of Abuse of a Dominant Market Position, which update its regulations on abuse of a dominant market position in line with the recently amended Anti-Monopoly Law. The draft Provisions define a dominant market position as an entity's ability to control goods, services, price, quantity, trading conditions, and market access in a given market. Specifically, within the platform economy, a dominant market position can be determined by reference to factors such as user numbers, network and lock-in effects, and other technological characteristics. The draft Provisions prohibit entities in dominant market positions from engaging in certain practices, including abuse of data and algorithms. The consultation closes on 27 July 2022.