Chinese Law Prof Blog

Editor: Donald C. Clarke
George Washington University Law School

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Saturday, December 6, 2008

Yet another case (maybe) against Baidu under the Antimonopoly Law

Here's a report of plans by a Beijing lawyer to sue Baidu (an internet search company) on the grounds that it violated the AML by abusing its dominant position in the search market through its policy of blocking web sites that don't pay to be listed. (Baidu denies  blocking, but it seems clear that web sites that pay get higher rankings in search results, something that has led to a great deal of negative publicity for Baidu recently.)

It will be interesting to see if this lawsuit goes anywhere. Can the AML be used to dictate a company's business model in this way? If Baidu had not bothered to hide its practice of selling rankings, could there possibly be an AML claim? And if not, how does the concealment change the argument?

http://lawprofessors.typepad.com/china_law_prof_blog/2008/12/yet-another-cas.html

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