On December 29, 2023, the Beijing Higher People’s Court issued a first-instance judgment on the “choose-one” monopoly dispute case between JD.com and Alibaba, and determined that Alibaba’s “choose-one” behavior caused serious damage to JD.com and awarded the amount of compensation. amounted to RMB 1 billion.

Tian Yuan has been entrusted by JD.com since 2017 to file antitrust administrative reports and civil lawsuits against Alibaba’s “choose-one” behavior. For more than seven years, Tian Yuan’s antitrust team has assisted JD.com in collecting a large amount of evidence of Alibaba’s “choose one” behavior, and conducted research on core legal issues such as market definition, market power analysis, and competitive damage caused by “choose one” behavior on Internet platforms. Provided comprehensive and in-depth analysis and demonstration, and assisted JD.com in continuing to promote anti-monopoly administrative reporting and litigation in this case.

In 2018 and 2019, Tian Yuan’s antitrust team assisted JD.com in winning the first instance of the Beijing High Court’s jurisdiction objection and the second instance of the Supreme People’s Court’s jurisdiction objection, respectively, confirming that the case should be heard by the Beijing High Court on a substantive basis. In 2021, the State Administration for Market Regulation determined that Alibaba's "choose-one" behavior constituted abuse of market dominance and imposed a penalty of 18.228 billion yuan. Since then, in the further substantive trial of this case, the Tian Yuan antitrust team, together with lawyers from Zhonglun Law Firm, another legal team, worked together with economists, industry experts, and antitrust law experts to pool their wisdom and wisdom to decide on the "Choose One" "The behavior comprehensively provided evidence for the losses caused by JD.com and the causal relationship between the behavior and the losses. He actively presented evidence and cross-examined evidence in several court hearings, fully expressed his opinions in debate, and comprehensively elaborated on the agency's opinions, which ultimately helped JD.com achieve its final goal in 2023. Working Day won the case.

This case is the domestic antitrust litigation case with the highest amount of compensation awarded since the Anti-Monopoly Law came into effect in 2008, and has received widespread attention internationally. The winning judgment in this case is of landmark significance in the practice of my country's antitrust laws. It is believed to have far-reaching significance in further preventing and stopping monopolistic behavior, promoting the improvement of the awareness of fair competition in the whole society, and assisting the construction of a unified national market.

Partners Huang Wei and Zhu Fan were responsible for the agency work related to the administrative reporting phase of this case, and during the litigation phase, Huang Wei and Yang Yi appeared as agents in court. Many other lawyers from Tian Yuan’s antitrust team intervened and assisted in this case to varying degrees. At the same time, special thanks go to Han Guizhen, Dr. Yin Bei and other lawyers who have contributed to this case!