Xiao Fu and Guofu Tan,“Abuse of Market Dominance Under China’s Anti-Monopoly Law: The Case of Tetra Pak”

Review of Industrial Organization,2019(54),pp.409-434

Abstract

In this paper, we analyze a recent antitrust case of abuse of dominance that was decided by a Chinese administrative enforcement agency under China’s Anti-Monopoly Law (“AML”). A key issue in this case involved the impact of loyalty rebate programs used by a dominant firm. We provide an overview of the case, highlight the main points of the decision, and focus on the assessment of loyalty rebates. As the first antitrust ruling in China involving loyalty discounts, we expect that the decision will serve as an important reference in antitrust enforcement in China.