Abuse of dominance · 04 Editorial guide
Abuse of Dominance in China: Market Position and Conduct
Market-definition, refusal and discriminatory-treatment questions.
First job Separate market position from the specific practice under review.
Direct answer
What this page decides
01
This page owns AT06. Dominance is a market-definition and position analysis, not a brand slogan. Conduct (refusal to deal, discrimination, tying, unfair pricing, platform ranking or data access) is a second question. Platforms need side-specific analysis. Supporting screen: /china-antitrust-platform-dominance-screen. Private claims can run without a SAMR decision — Private enforcement L4.
At a glance
Which fact changes the next route
Use the fact that changes ownership or urgency to decide the next move.
| Question | Why it matters | Next route |
|---|---|---|
| High share on one platform side? | Not automatic dominance. | Define the market. |
| Refusal or self-preferencing? | Conduct file. | Evidence of practice and effects. |
| Only a vertical MFN? | May be vertical L4 first. | Vertical unless position is the theory. |
Scope
What this page owns — and what it does not
Practical workflow
Action, evidence, legal gate, output
| Action | Documents / evidence | Legal gate | Output |
|---|---|---|---|
| Define products and sides | Offering, users, geography | Do not skip definition | Market hypothesis |
| Position indicators | Shares, barriers, data, network | Counsel — no invented share tests | Position memo |
| Pin the practice | Rules, ranking, contracts, prices | What exactly is challenged | Conduct file |
| Decide product change vs dispute | Risk | Investigations if SAMR live | Action |
Documents
What to gather before the next call
These items help clarify the file; they are not a legal requirement list.
| Item | Why needed | Who holds it | Risk if missing |
|---|---|---|---|
| Market and competitor set | Definition | Strategy | Wrong market |
| Platform rules / ranking logic | Practice | Product | Unexplained discrimination |
| Merchant or customer complaints | Effects | Ops | Pattern missed |
Common failure points
Where files usually break
Calling a successful app ‘dominant’ in a press release.
Changing ranking to punish a discounter without an antitrust review (also RPM).
FAQ
Narrow follow-ups owned by this page
Do we need SAMR’s finding to be dominant?
SAMR is not the only path. Private cases can run on their own record. See Private enforcement.
Quick answers
Need the short version? Start with one narrow question.
These explainers answer one question. They do not replace this topic route or a deep guide.
Curated resources
Open the asset that matches this job.
Counsel hand-off
What to bring when you instruct
Instruct antitrust counsel. Bring: product description, any share work, the challenged rule, and SAMR contact if any.
Local context
Add the city only when it changes implementation.
Local SAMR practice can matter after the national question is identified.
Open city and province guidesCounsel hand-off
Need competition counsel?
This hub organises transaction, conduct and investigation routes. It is not a filing decision.
Find competition counselLegal review
Who reviewed this guide
Need qualified counsel?
Move carefully. Move with a record.
Use the portal to identify counsel for this practice and related China-side issues.