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

On 27 July 2022, China's State Administration for Market Regulation (SAMR) closed its 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.