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Anti-monopoly supervision has been hit hard again, with 9 of the 13 anti-monopoly penalties related to Tencent

via:新浪科技     time:2022/1/5 18:05:13     readed:144

Author/Liu Jia

On Jan 5, the State Administration for Market Regulation issued 13 administrative punishment decisions involving Tencent Holdings, Alibaba and Bilibili, nine of which involved Tencent.

After investigation, the above cases are in violation of article 21 of the Anti-monopoly Law of the People's Republic of China, constitute a failure to declare illegal implementation of concentration of business operators in accordance with the law, evaluation believes that there is no effect of excluding and restricting competition. According to articles 48 and 49 of the Anti-Monopoly Law of the People's Republic of China, the State Administration for Market Regulation has imposed a fine of 500,000 yuan on the companies involved.

"Concentration review", is the anti-monopoly law enforcement agencies on the merger, acquisition and other concentration of operators in advance control. According to Article 21 of the Anti-monopoly Law, if the concentration of business operators reaches the declaration standards stipulated by The State Council, the business operators shall declare in advance, and the concentration shall not be implemented if they fail to declare.

Although the competition in the field of platform economy presents some new characteristics, but the Internet industry is not outside the anti-monopoly law, all enterprises should strictly abide by the anti-monopoly law and regulations, maintain fair market competition, only in this way, to ensure the healthy development of the whole industry.

In this disclosure, Tencent is involved in more acquisitions, respectively for the acquisition of guangxi Baijiu Network Technology Co., LTD., the acquisition of Beijing Niannian Share Technology Development Co., LTD., acquisition of VERSA Inc. Equity, acquired the equity of Yonghui Yunchuang Technology Co., LTD., acquired the equity of Beijing Youhu Technology Development Co., LTD., acquired the equity of Beijing Millward Brown Software System Co., LTD., acquired IngageApp Global Limited equity and the establishment of a joint venture with Qingdao Hisense Network Technology Co., LTD., and the establishment of a joint venture with Henan Harmony Automobile Trading Co., LTD. Based on the penalty of 500,000 yuan per case, this means Tencent will be fined 4.5 million yuan for this round.

The general Administration of Market Regulation also alibaba (China) Network technology Co., Ltd. and Guiyang Star Department store Group Co., Ltd. set up a joint venture did not declare the illegal implementation of business concentration case to make administrative penalty decision, respectively to Ali network, Guiyang Star force each 500,000 yuan fine administrative penalty. In hangzhou ali venture investment co., LTD., zhengzhou - jie trade co., LTD., guiyang radio and television media group co., LTD to acquire pan-asian mail tunnels in guizhou network technology co., LTD, not in accordance with the law to declare concentration case make a decision on administrative punishment law, respectively for venture capital, zhengzhou, guiyang ali radio and television administrative penalty of fine for 500000 yuan each.

In addition, bilibili Co., LTD. 's acquisition of VERSA Inc. (Macaron) equity did not declare the case of illegal concentration of business operators according to law, according to the written decision of administrative penalty, the case constitutes a failure to declare the case of illegal concentration of business operators according to law, but it does not eliminate or restrict competition. On January 16, 2020, Bilibili acquired 14.71% of Macaron's equity and acquired joint control, which falls under the concentration of operators stipulated in Article 20 of the Anti-Monopoly Law. On February 14, 2020, Macaron completed its shareholding change registration, but failed to declare it in accordance with the law before that, which violates Article 21 of the Anti-Monopoly Law and constitutes illegal concentration of operators. The State Administration for Market Regulation decided to impose a fine of 500,000 yuan on Bilibili.

In fact, since the second half of 2020, anti-monopoly law enforcement agencies have been increasing their competition supervision of mergers and acquisitions in the platform economy industry. Previously, the State Administration for Market Regulation said that with the in-depth promotion of anti-monopoly law enforcement, the consciousness of concentration of business operators continued to improve, take the initiative to comb and report previously did not declare illegal implementation of concentration of business operators, and actively cooperate with the investigation. To handle cases that have not been reported in accordance with the law can not only guarantee the fair participation of all types of market players in competition, maintain the authority of the Anti-monopoly Law, and constantly optimize the fair, transparent and predictable competition environment; It can also effectively urge enterprises to improve compliance awareness and ability, and promote the sustainable and healthy development of enterprises and industries.

The market supervision bureau announced the fine, once again to the market passed the law enforcement agencies to strengthen the illegal implementation of the concentration of operators to investigate the strength of the signal. Industry insiders believe that this will help relevant market players better understand the relevant requirements of anti-monopoly supervision in advance, urge them to enhance the awareness of anti-monopoly compliance, and help maintain a fair competition market environment.

Zhao Zhanzhan, deputy director of Beijing Yunjia Law Firm, told China Business News that if the companies involved in the merger had a turnover of more than 2 billion yuan in China last year, and at least two of them had a turnover of more than 400 million yuan, they would be required to report the concentration of business operators according to the law. From the past years of centralized business review cases, the vast majority of declarations were unconditionally approved, only a very small number of conditional approval or rejection. Before major mergers and acquisitions, enterprises should conduct internal anti-monopoly evaluation to determine whether they meet the declaration standard of concentration of operators. If so, they should take the initiative to declare. At the same time, self-check whether the merger and acquisition may have the effect of excluding or restricting competition, and do relevant compliance work well in advance.

Occupation zhao told reporters that the Internet industry after 20 years of development, volume is very large, every aspect of political, economic and cultural influence is very big also, some of these Internet giants of the use of capital strength sprawl, vicious competition, destroy the order of market competition, it is also the important cause of industry norms by antitrust.

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