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罚款182.28亿!阿里“二选一”垄断行为处罚结果来了

A fine of 18.228 billion! Ali "choose one of the two" monopolistic behavior punishment result has come.

證券時報 ·  Apr 10, 2021 09:45  · Headlines

Source: Xinhua Viewpoint

01.pngNiuniu knocks on the blackboard:

In December 2020, the General Administration of Market Supervision filed an investigation into the abuse of market dominance by Alibaba Group Holdings Co., Ltd. (hereinafter referred to as Alibaba Group) in China's online retail platform service market, according to the Anti-monopoly Law.

The General Administration of Market Supervision set up a special case team to conduct on-site inspection of Alibaba Group on the basis of solid preliminary work, investigate and inquire relevant personnel, consult and copy relevant documents and materials, and obtain a large number of evidence materials; extensively carry out investigation and collection of evidence on other competitive platforms and platforms; conduct in-depth verification and big data analysis of the evidence materials of the case; organize experts to carry out repeated and in-depth case analysis and demonstration. Listen to Alibaba Group's opinions many times to protect its legal rights. The facts of the case are clear, the evidence is conclusive, the nature is accurate, the handling is appropriate, the formalities are complete, and the procedures are legal.

After investigation, Alibaba Group has a dominant position in the online retail platform service market in China. Since 2015, Alibaba Group has abused this market dominant position and put forward the requirement of "choosing one from the two" to the merchants on the platform, forbidding them from opening stores or participating in promotional activities on other competitive platforms, and with the help of market forces, platform rules, data, algorithms and other technical means, take a variety of reward and punishment measures to ensure the implementation of the "choose one of two" requirements, maintain and enhance their own market forces, and gain unfair competitive advantage.

The investigation shows that Alibaba Group's act of "choosing one of the two" excludes and restricts the competition in China's online retail platform service market, hinders the free flow of goods, services and resource elements, and affects the economic innovation and development of the platform. it infringes upon the legitimate rights and interests of the merchants on the platform, harms the interests of consumers, and constitutes a prohibition in Article 17, paragraph 1 (4) of the Anti-monopoly Law. The abuse of dominant market position that the counterpart of the transaction can only trade with it.

According to articles 47 and 49 of the Anti-monopoly Law, taking into account the nature, degree and duration of the illegal acts of Alibaba Group, the General Administration of Market Supervision made an administrative penalty decision in accordance with the law on April 10, 2011. ordered Alibaba Group to stop illegal acts and imposed a fine of 455.712 billion yuan 4 per cent of its sales in China in 2019, totaling 18.228 billion yuan. At the same time, in accordance with the principle of combining punishment with education in accordance with the Administrative punishment Law, an "Administrative instruction" was issued to Alibaba Group, requiring it to carry out comprehensive rectification and reform around strictly implementing the main responsibilities of enterprises on the platform, strengthening internal control and compliance management, maintaining fair competition, and protecting the legitimate rights and interests of businesses and consumers on the platform, and submitted self-inspection compliance reports to the General Administration of Market Supervision for three consecutive years.

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