The Chinese Xi’an Intermediate People’s Court rules in favour of a consumer in a case of abuse of dominance on the market for local cable service (Shanxi Broadcast)

Chinese Consumer Wins Abuse of Dominance Civil Action against Tie-in Sales in Program Bundling* On January 5th, 2013, the Xi’an Intermediate People’s Court (the “Court”) ruled in favor of a consumer who sued Shanxi Broadcast & TV Network Intermediary (Group) Co., Ltd. (“Network”), the local cable service provider, for tie-in and imposing unreasonable sales conditions by tying basic cable services with digital channel services. The Court found that the Network’s practice of selling basic cable services on the condition that the subscribers also purchase digital channel services violated Article 17(5) of the Anti-Monopoly Law (“AML”) regarding tie-in sales and imposition of unreasonable trade conditions. In reaching this decision, the court reasoned that because the Network is a lawful

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  • King & Wood Mallesons (Beijing)

Quotation

Susan Ning, The Chinese Xi’an Intermediate People’s Court rules in favour of a consumer in a case of abuse of dominance on the market for local cable service (Shanxi Broadcast), 5 January 2013, e-Competitions Bulletin January 2013, Art. N° 55177

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