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China Practice On Abuse Of Dominance A Speech At In-House Congress By Yi XUE 2010-06-10

Welcome friends, old and new to this congress! I would like to discuss here on the topic of “China’s Practice on Abuse of Dominance" with a concrete case. Anti-monopoly law is usually considered involving three elements, which are: monopoly agreements, abuse of dominant market position and concentration of business operators. In China’s current antimonopoly law practice, most cases are related to the concentration of business operators, while cases about monopoly agreements and abuse of dominant market are relatively less in amount. While discussions on concentration of business operators has gone much further, the attitude of antimonopoly authorities remains unclear on some concrete issues regarding the other two aspects.

After the PRC Anti-monopoly law comes into effect in 2008, a number of litigations regarding abuse of market dominant position have been brought out, in particular, there appeared some lawsuits against some famous enterprises, such as Baidu , Netcom, China Mobile, Sinopec.etc.
One of the most famous cases was between Renren Company and Baidu Company, in which
Baidu, a well-known search engine service provider, was accused for abuse of its dominant position. The case was given a first instance ruling by Beijing No. 1 Intermediate Court on December 25, 2008, and today, we will discuss china’s practice on abuse of dominant market position integrated with this case.

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