China Steps up Tech Scrutiny With Rules Over Unfair Competition, Critical Data

Reuters
By Reuters
August 18, 2021China News
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China Steps up Tech Scrutiny With Rules Over Unfair Competition, Critical Data
The Tencent headquarters in the southern Chinese city of Shenzhen, in Guangdong province, on May 26, 2021. (Noel Celis/AFP via Getty Images)

SHANGHAI—The Chinese regime moved on Tuesday to tighten control of its technology sector, publishing detailed rules aimed at tackling unfair competition and companies’ handling of critical data.

Beijing has been firming its grip on internet platforms in recent months, citing the risk of abusing market power to stifle competition, misuse of consumers’ information, and violation of consumer rights, in a reversal after years of a more laissez-faire approach.

The Chinese regime issued hefty fines to companies including e-commerce giant Alibaba Group and social media company Tencent Holdings as part of a widening crackdown and has vowed to draft new laws around technology innovation and monopolies.

On Tuesday, the State Administration for Market Regulation (SAMR) issued a set of draft regulations banning unfair competition and restricting the use of user data.

New York-listed shares of Alibaba , JD.com Inc, and Baidu Inc fell between 2.9 percent and 3.5 percent in premarket trading. Tencent-backed online brokerage Futu Holdings slid 7 percent and was among the most actively traded stocks across U.S. exchanges, while peer UP Fintech Holding slipped 3 percent.

Tencent Music Entertainment Group shed 3.8 percent and was set to extend losses for a sixth straight session despite reporting better-than-expected earnings.

online shopping platform JD.com logo
A man stands near the mascot, which forms part of the online shopping platform JD.com logo, at its headquarters in Beijing, on Nov. 11, 2020. (Greg Baker/AFP via Getty Images)

“The proposed regulations’ specificity evidences a clear set of priorities in setting the ‘rules of engagement’ for online competition,” said Michael Norris, research and strategy manager at Shanghai-based consultancy AgencyChina.

“If promulgated, the regulations will likely increase compliance burdens for transaction platforms, including e-commerce marketplaces and shoppable short video apps.”

No Hijacking of Traffic

Internet operators “must not implement or assist in the implementation of unfair competition on the Internet, disrupt the order of market competition, affect fair transactions in the market,” the SAMR wrote in the draft, which is open to public feedback before a Sept. 15 deadline.

Specifically, the regulator stated, business operators should not use data or algorithms to hijack traffic or influence users’ choices. They may also not use technical means to illegally capture or use other business operators’ data.

Companies would also be barred from fabricating or spreading misleading information to damage the reputation of competitors and need to stop marketing practices like fake reviews and coupons or “red envelopes”—cash incentives—used to entice positive ratings.

Soon after the draft tech rules were published, China’s cabinet announced it would also implement regulations on protecting critical information infrastructure operators from Sept. 1.

The State Council said operators must conduct security inspections and risk assessments once a year, and should give priority to purchasing “secure and credible network products and services,” marking an elaboration on the landmark Cybersecurity Law that passed in 2017.

The Chinese regime has also taken ownership stakes in the domestic entities of social media giants ByteDance and Weibo, Reuters reported on Tuesday citing corporate filings. Shares of China’s Twitter-like Weibo dropped 2.6 percent.

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