China: Wiki-Hudong against Wiki-Baidu - an abuse of dominance?

Last Updated: 23 March 2011
Article by Susan Ning, Liu Jia and Angie Ng

We understand from media reports that on 18 February 2011, Hudong1 (a Chinese internet search engine) made an Anti-Monopoly Law (AML) complaint to the State Administration for Industry and Commerce (SAIC) against Baidu2 (arguably the most often or commonly used internet search engine in China; often referred to as China's equivalent of "Google").


Specifically, Hudong has alleged that Baidu has abused its dominance by manipulating online search results and therein either lowering the ranking of, or eliminating Hudong Bai Ke (which refers to Hudong's wiki-like encyclopedia services) from online search results.

Both Hudong and Baidu offer a spectrum of online internet services, including online "wikipedia"-like or encyclopedia-like services. Hudong's wiki-like encyclopedia service is known as Hudong Bai Ke. Baidu's wiki-like encyclopedia service is known as Baidu Bai Ke.

According to Hudong, Baidu has allegedly either lowered the ranking of, or eliminated Hudong Bai Ke from its unpaid search results in favour of Baidu Bai Ke. Hudong further alleges that Baidu has undertaken this conduct with the intention of driving out competition in relation to wiki-like encyclopedia services.

Hudong has requested that the SAIC launch a formal investigation into the above mentioned conduct of Baidu and has suggested that SAIC levy a fine of RMB790 million on Baidu. The Chief Executive Officer of Hudong has also been quoted as suggesting that the SAIC should consider "breaking" Baidu's business up into two main segments: online search engine services; and other online services.

Abuse of dominance?

Hudong has alleged that Baidu has breached the prohibition against an abuse of dominance pursuant to the AML. They have made the complaint to the SAIC, which is the competition authority in charge of investigating and enforcing non-price related breaches of the AML.

Article 17 of the AML prohibits dominant business operators from abusing their dominant market positions. Article 17 of the AML also lists examples of several types of conduct which, may, in particular, violate the provision; including: excessive pricing; predatory pricing; bundling; refusal to deal and so on. It is clear that this list of examples of conduct which, may, in particular, violate Article 17 is not exhaustive. This is evident because of the existence of Article 17(7) which is a "catch all" provision – this provision states that the antitrust authorities may stipulate other types of conduct which amount to an abuse of dominance.

Media reports in relation to this Hudong-Baidu complaint only state that Hudong has alleged that Baidu has abused its dominance. However, the reports do not cite the particular provision which Baidu has allegedly violated. Since Baidu's alleged breaching conduct does not "fit" neatly into any of the examples listed in Article 17 (e.g. refusal to deal; bundling etc), we think that Hudong's allegations have relied on Article 17(7) (the "catch-all" provision).

In order to establish a breach of Article 17, the SAIC would need to be satisfied that:

  • Baidu is a dominant business operator in the relevant market;
  • Baidu has abused this dominant position in the relevant market by undertaking the conduct mentioned above; and
  • Absence of valid reasons.

It is unclear what would constitute the "relevant market". If the relevant market is construed as "online search engine services"; then the SAIC would need to be satisfied that there is sufficient evidence to prove that Baidu is dominant in relation to this market. We note that in a previous abuse of dominance court application against Baidu (the application was made by Tangshan Renren), the Beijing First Intermediate People's Court was of the view that Tangshan Renren did not provide sufficient evidence to prove that Baidu was dominant in the online search engine market.3

It is also possible that the SAIC would determine that the relevant market should be construed more narrowly – e.g. the online wiki-encyclopedia services market. In this case; a few questions arise, including: Is Baidu Bai Ke a dominant wiki-encyclopedia service provider in China? If not, has Baidu leveraged its alleged dominant position in the online search engine market to drive out competition in this narrower market?


As mentioned above, Hudong has suggested that the SAIC impose a fine amounting to RMB790 million on Baidu. It is, however, unclear how Hudong has come up with this amount of a proposed fine.

In addition, we note that the CEO of Hudong has suggested that SAIC may wish to consider breaking Baidu up into two business segments: its online search engine business and its other online services (no doubt including Baidu Bai Ke). This is an interesting proposal.

We note that pursuant to the AML, the antitrust authorities (including the SAIC) do not have the express power to impose a divestiture or structural remedy on Baidu. Article 47 of the AML only lists the following remedies in relation to an abuse of dominance: fines, injunctions and damages.

However, Article 45 of the AML states that the antitrust authorities (including the SAIC) may decide to suspend an AML investigation process, if business operators undertake to adopt specific measures to eliminate "consequences" of their anticompetitive conduct. Perhaps this is the provision that may provide a possibility that the business operator can offer a structure remedy to the anti-monopoly enforcement agency to terminate the investigation.

Other observations

The basis of this Hudong-Baidu complaint echoes the current European Commission (EC) investigation into conduct undertaken by Google. Specifically, we note that on 30 November 2010, the EC announced that it decided to commence an antitrust investigation into allegations that Google has abused its dominant position in online search – following complaints by search service providers about unfavourable treatment of their services in Google's unpaid and sponsored search results coupled with an alleged preferential placement of Google's own services.

We think it is likely (given that China is a relatively new antitrust jurisdiction) that the SAIC will consider any decisions arising out of the EC-Google case as persuasive evidence in relation to this Hudong-Baidu complaint.

1. See:

2. See:

3. The Baidu-Tangshan Renren case had to do with paid online advertising services – the latter alleged that the former abused its dominance by manipulating search results when the latter reduced payments to Baidu.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.