Direct answer

Large market share or platform status does not automatically mean a business is legally dominant, and dominance itself is not prohibited.

The antitrust question is whether the undertaking holds a dominant market position under the Anti-Monopoly Law and, if so, whether particular conduct constitutes an abuse. Market definition, competitive constraints, data/network effects and the conduct at issue all matter.

The classification screen

5 questions before you choose the route.

This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.

01

Check relevant market

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor
02

Check market share/competitive constraints

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor
03

Check network/data effects

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor
04

Check conduct at issue

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor
05

Check business justification/effects

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor

Working rule: Map the regulated role before marketing or launch in China.

What changes the answer

The signal ledger.

These facts move the question beyond a label and into a product, money-flow and control analysis.

Signal
Ask the operating question
Why it changes the route
Relevant market
How does the matter involve relevant market?
This operating fact can change the applicable legal route, evidence and next step.
Market share/competitive constraints
How does the matter involve market share/competitive constraints?
This operating fact can change the applicable legal route, evidence and next step.
Network/data effects
How does the matter involve network/data effects?
This operating fact can change the applicable legal route, evidence and next step.
Conduct at issue
How does the matter involve conduct at issue?
This operating fact can change the applicable legal route, evidence and next step.
Business justification/effects
How does the matter involve business justification/effects?
This operating fact can change the applicable legal route, evidence and next step.
Prepare before you escalate

Bring a compact evidence docket—not a pitch deck.

Give a compliance team or counsel the operating facts that reveal the perimeter.

01Market/product descriptionInclude this in the compact fact file for review.
02Share/competitor dataInclude this in the compact fact file for review.
03Platform rules/contractsInclude this in the compact fact file for review.
04Pricing/access decisionsInclude this in the compact fact file for review.
05Internal rationale/effect evidenceInclude this in the compact fact file for review.

Primary authorities

Reviewed sources support orientation, not a fact-specific assessment.

Sources last checked: