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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Adrian Emch

Posts by Adrian Emch
Posted in Internet, Policy & Regulation Photo of Adrian Emch

China: Appetite for anti-unfair competition action in the Internet space

It’s been almost a year since the new “Internet clause” in China’s Anti-Unfair Competition Law (AUCL) is in force. The enforcement authority hasn’t used it much in 2018. But one decision is noteworthy. AUCL amendment On 1 January 2018, the first amendment to the AUCL since its enactment in 1993 came into effect. One of the major changes it brought was the addition of a new “Internet clause.” Article 12 of the amended AUCL prohibits the use of technological means to obstruct or disrupt the regular operations of online competitors,

Posted in Cybersecurity, Data Protection & Privacy, e-commerce Photo of Roy ZouPhoto of Adrian EmchPhoto of Sherry GongPhoto of Andrew McGintyPhoto of Eugene LowPhoto of Mark Parsons

A game changer? China enacts first e-commerce law

In stark contrast to the rapid development of e-commerce in China, it has taken nearly five years and no less than four drafts for China to finalise its first e-Commerce Law. The new law will enter into force on 1 January 2019. This new law has a remarkably broad scope, encompassing many aspects of e-commerce, including, for example, e-payments, product safety, data protection, cybersecurity, anti-competitive conduct, and intellectual property infringement. The law also covers all the main players in the e-commerce industry in China, from the platform operators (like Taobao

Posted in e-commerce Photo of Adrian EmchPhoto of Andy Huang

Chinese payment encryption device suppliers fined for participation in government-orchestrated cartel

On 4 November 2016, the State Administration for Industry and Commerce (“SAIC“) – one of China’s antitrust authorities – published on its website three decisions, whereby three payment encryption device suppliers were fined by SAIC’s branch in Anhui Province (“Anhui AIC“).  Payment encryption devices are used by bank customers to protect the security of payments from their bank accounts.  These devices are typically distributed by the banks to their customers. The Anhui AIC considered the companies’ conduct to amount to market partitioning, prohibited under Article 13 of the Anti-Monopoly Law

Posted in Internet, Policy & Regulation Photo of Adrian Emch

New anti-unfair competition guidance for Internet players from Beijing court

On 13 April 2016, the Beijing High People’s Court released the Trial Guidelines on Network Related Intellectual Property Right Cases (“Guidelines”).  To a large extent, the Guidelines seem to be an attempt to codify the vast – and at times inconsistent – case law in this area by courts across China. The issuance of the Guidelines represents the second codification effort within a relatively short period of time, after the circulation of the draft amendments to the Anti-Unfair Competition Law (“AUCL”) for public comment in February 2016. Background Over the

Posted in Advertising, Internet Photo of Adrian EmchPhoto of Zhen FengPhoto of Eugene Low

Most recent Chinese ‘ad block’ judgment affirms ad-based revenue model for Internet businesses

On 14 October 2015, a local court in Shanghai adopted the latest in a series of judgments on the legality of software and other technical measures that block or skip advertisements on digital platforms. In its judgment, the Shanghai Yangpu District People’s Court found that Juwangshi Technology Corporation (“Juwangshi“), a video streaming service aggregator, had breached anti-unfair competition rules by utilizing certain decryption measures to block ads while displaying videos streamed from iQiyi, one of China’s main online video sites. The judgment also addressed the issue of online businesses “scraping

Posted in Policy & Regulation Photo of Adrian Emch

E-commerce liberalization in China: State Council and MIIT push forward

China’s regulatory framework for foreign investment in the e-commerce industry has undergone significant liberalization. Previous pilot programs on a local level have been extended nationwide, with directives from the highest political level to remove restrictions. On 19 June 2015, the Ministry of Industry and Information Technology issued a notice to lift foreign ownership restrictions in the e-commerce sector, subject to certain existing rules. A day later, the State Council issued guidance to encourage the development of cross-border e-commerce flows, a wider initiative to push China’s e-commerce champions to expand overseas.

Posted in Policy & Regulation, Telecoms & Broadband Photo of Adrian Emch

Hong Kong Communications Authority clears HKT/CSL merger subject to conditions

On May 2, 2014, the Hong Kong Communications Authority (“CA”) announced its antitrust clearance decision for the acquisition of CSL New World Mobility Limited by HKT Limited. Antitrust clearance was required under the Telecommunications Ordinance, as both parties have subsidiaries – “HKT” and “CSL,” in short – which hold telecommunications carrier licenses. Authority’s findings The CA examined the impact of the transaction in a number of “relevant markets,” and found issues in two of them: retail mobile telecommunications, and wholesale access to mobile network for mobile virtual network operators (“MVNOs”).

Posted in Internet Photo of Adrian Emch

Internet of Things: Innovation with Chinese Characteristics

The Internet of Things, or the Internet of Everything, has become a popular buzzword in recent times. But what does it really mean? While there are many definitions, the central premise is that many or most of the everyday objects in our lives, from kitchen appliances to highways to paperclips, can be uniquely identified and linked together into a network using a variety of ‘tagging’ technologies, thereby sharing data and interacting to make our lives more convenient and efficient. The possibilities are endless – the lock on your office door