On 23 June 2022, the Supreme People's Court issued its decision in Ma Lijie v China Mobile Communications Group Henan Co Ltd, which concerned allegations that the defendant had abused its dominant market position to implement exclusive dealing and discrimination. For the first time, the Court elaborated on the factors to be assessed when determining joint market dominance and the standard of proof required
The Supreme People's Court held that:
based on the general experience of market operation, it is normal for multiple operators in the relevant market to engage in different behaviours in relation to the same type of business, hence no necessity to determine the joint market dominant positions in this regard. Therefore, only if multiple operators in the relevant market perform the same activities in the like business, embodying the consistency of behaviour, then there is a need to consider the joint market dominant positions. Accordingly, in addition to reviewing the market shares of multiple operators, factors such as consistency in the operators' behaviour should be taken into account when determining that they have formed joint market dominant positions.
For further information on this topic please contact Hao Zhan or Ying Song at AnJie Law Firm by telephone (+86 10 8567 5988) or email ([email protected] or [email protected]). The AnJie Law Firm website can be accessed at www.anjielaw.com.