The Recent Development of Chinese Antitrust Law on the Abuse of Market Dominance

Since the Chinese antitrust law entered into force, there has been noteworthy development in its implementation through private litigation rather than public enforcement. The Chinese courts have recently made groundbreaking rulings on the abuse of market dominance cases that demonstrate the potential for the development. In particular, it is important to discuss the 2014 Qihoo ruling that is related to the issue of a two-sided market. This article aims to introduce not only the substantive provisions regarding abuse of market dominance in China, but also its implementation, and discuss the courts’ current approach. This article also suggests proposals for effective public enforcement, thereby ensuring legal certainty through the guidance to economic entities, practitioners, and judges. As the Chinese competition regime has dealt with a number of important cases, rapid development in Chinese antitrust law and policy is foreseeable. In sum, the globalisation of the Chinese economy will contribute to the establishment of global standards as it faces international competition.