Competition regulation

China to tighten oversight of online platforms and livestream e-commerce

China’s State Administration for Market Regulation (SAMR) announced plans to strengthen regulations on online platforms and the growing livestream e-commerce sector. The move aims to foster fair competition, protect smaller businesses, and improve consumer trust, according to SAMR Deputy Head Shu Wei.

At a press briefing, Shu highlighted plans to enhance transparency, reduce merchants’ operational costs, and address concerns over platform practices that disrupt fair competition. The regulator aims to improve existing frameworks to safeguard merchants’ and consumers’ rights against platform rule abuse.

The SAMR also intends to crack down on deceptive marketing in livestream e-commerce, a sector experiencing rapid growth but facing criticism for misleading tactics. The initiative is expected to address dishonest practices while ensuring a healthier and more balanced market environment.

Lemon8 gains popularity amid TikTok uncertainty

As the possibility of a US TikTok ban looms, social media influencers are increasingly turning to Lemon8, a new app owned by TikTok’s parent company, ByteDance, as a potential alternative. Lemon8, which launched in the US and UK in 2023, combines the best aspects of Instagram and Pinterest, offering a “lifestyle community” with an emphasis on aesthetically pleasing images, videos, and lifestyle topics like beauty, fashion, food, travel, and pets. With over 1 million daily active users in the US, it has quickly gained traction, especially among Gen Z users.

Influencers are particularly drawn to Lemon8’s integration with TikTok, allowing creators to easily cross-post and boost engagement. Despite the platform’s appeal, however, Lemon8’s future remains uncertain. Like TikTok, it is owned by ByteDance, making it potentially subject to the same US regulations, including a law requiring the company to divest from TikTok or face a ban. This uncertainty is causing anxiety among creators who fear the loss of their primary platform and are seeking safer options like Lemon8.

The app itself is gaining attention for its simplicity and visual appeal. Lemon8 stands out by offering a quieter, less chaotic environment compared to the bustling, ad-heavy content on Instagram and TikTok. Its user interface is designed for easy scrolling, and the app encourages creativity through tools that enhance text, stickers, and music, making posts feel inspirational. While it’s still early days, Lemon8 offers a nostalgic, aesthetically curated space for users who may be growing weary of the larger social media giants.

Though the app is still new, it could provide a refreshing change from the current social media landscape, where content can often feel oversaturated or too commercialised. For now, Lemon8 offers a simpler, more intentional way to engage with online content—a return to a more “authentic” era of social media, reminiscent of earlier Instagram days. Whether it will succeed in the long term remains to be seen, but for now, it’s carving out a niche for users seeking a quieter digital space.

Supreme Court weighs TikTok ban amid national security concerns

The US Supreme Court on Friday appeared inclined to uphold a law requiring a sale or ban of TikTok in the United States by January 19, citing national security risks tied to its Chinese parent company, ByteDance. Justices questioned TikTok’s potential role in enabling the Chinese government to collect data on its 170 million American users and influence public opinion covertly. Chief Justice John Roberts and others expressed concerns about China’s potential to exploit the platform, while also probing implications for free speech protections under the First Amendment.

The law, passed with bipartisan support and signed by outgoing President Joe Biden, has been challenged by TikTok, ByteDance, and app users who argue it infringes on free speech. TikTok’s lawyer, Noel Francisco, warned that without a resolution or extension by President-elect Donald Trump, the platform would likely shut down on January 19. Francisco emphasised TikTok’s role as a key platform for expression and called for at least a temporary halt to the law.

Liberal and conservative justices alike acknowledged the tension between national security and constitutional rights. Justice Elena Kagan raised historical parallels to Cold War-era restrictions, while Justice Brett Kavanaugh highlighted the long-term risks of data collection. Solicitor General Elizabeth Prelogar, representing the Biden administration, argued that TikTok’s foreign ownership poses a grave threat, enabling covert manipulation and espionage. She defended Congress’s right to act in the interest of national security.

With global trade tensions and fears of digital surveillance mounting, the Supreme Court’s decision will have wide-ranging implications for technology, free speech, and US-China relations. The court is now considering whether to grant a temporary stay, providing Trump’s incoming administration an opportunity to address the issue politically.

Regulators weigh in on Musk’s lawsuit against OpenAI and Microsoft

US antitrust regulators provided legal insights on Elon Musk’s lawsuit against OpenAI and Microsoft, alleging anticompetitive practices. While not taking a formal stance, the Federal Trade Commission (FTC) and Department of Justice (DOJ) highlighted key legal doctrines supporting Musk’s claims ahead of a court hearing in Oakland, California. Musk, a co-founder of OpenAI and now leading AI startup xAI, accuses OpenAI of enforcing restrictive agreements and sharing board members with Microsoft to stifle competition.

The lawsuit also claims OpenAI orchestrated an investor boycott against rivals. Regulators noted such boycotts are legally actionable, even if the alleged organiser isn’t directly involved. OpenAI has denied these allegations, labelling them baseless harassment. Meanwhile, the FTC is conducting a broader probe into AI partnerships, including those between Microsoft and OpenAI, to assess potential antitrust violations.

Microsoft declined to comment on the case, while OpenAI pointed to prior court filings refuting Musk’s claims. However, the FTC and DOJ stressed that even former board members, like Reid Hoffman, could retain sensitive competitive information, reinforcing Musk’s concerns about anticompetitive practices.

Musk’s legal team sees the regulators’ involvement as validation of the seriousness of the case, underscoring the heightened scrutiny around AI collaborations and their impact on competition.

Meta accused of using pirated books for AI

A group of authors, including Ta-Nehisi Coates and Sarah Silverman, has accused Meta Platforms of using pirated books to train its AI systems with CEO Mark Zuckerberg’s approval. Newly disclosed court documents filed in California allege that Meta knowingly relied on the LibGen dataset, which contains millions of pirated works, to develop its large language model, Llama.

The lawsuit, initially filed in 2023, claims Meta infringed on copyright by using the authors’ works without permission. The authors argue that internal Meta communications reveal concerns within the company about the dataset’s legality, which were ultimately overruled. Meta has not yet responded to the latest allegations.

The case is one of several challenging the use of copyrighted materials to train AI systems. While defendants in similar lawsuits have cited fair use, the authors contend that newly uncovered evidence strengthens their claims. They have requested permission to file an updated complaint, adding computer fraud allegations and revisiting dismissed claims related to copyright management information.

US District Judge Vince Chhabria has allowed the authors to file an amended complaint but expressed doubts about the validity of some new claims. The outcome of the case could have broader implications for how AI companies utilise copyrighted content in training data.

Nvidia warns against Biden’s export restrictions

Nvidia has voiced strong opposition to a reported plan by the Biden administration to impose new restrictions on the export of AI chips, urging the outgoing president to avoid making a decision that could impact the incoming Trump administration. The company warned that such measures would harm the US economy, hinder innovation, and benefit adversaries like China. Nvidia’s Vice President, Ned Finkle, called the policy a “last-minute” move that would leave a legacy of criticism from both US industry and the global community.

The proposed restrictions, as reported by Bloomberg, aim to limit AI chip exports to certain countries, particularly targeting China to prevent the enhancement of its military capabilities. While some nations would face outright bans, the rules would also cap the computing power that can be exported to others. The Biden administration has yet to confirm the details, and requests for comment from the White House and the Commerce Department went unanswered.

Industry groups, including the Information Technology Industry Council, which represents major tech firms like Amazon, Microsoft, and Meta, have expressed concern about the policy. They argue that it would impose arbitrary limitations on US companies’ global competitiveness and risk ceding market leadership to foreign rivals. Nvidia warned that these restrictions could push international markets toward alternative technologies, undermining the US technology sector.

President-elect Donald Trump, who begins his second term on January 20, previously enacted technology export restrictions to China during his first term, citing national security concerns. Nvidia’s statement reflects apprehension about the continuity of US policy on AI chip exports under the new administration.

UK regulator considers remedies for Synopsys-Ansys deal

The UK‘s competition regulator, the Competition and Markets Authority (CMA), announced it may accept remedies proposed by Synopsys and Ansys to address concerns over their $35 billion merger. The deal, announced in January of last year, involves Synopsys acquiring Ansys, a company known for its software used in industries like aerospace and sports equipment manufacturing.

The CMA outlined the proposed remedies, which include the sale of Ansys’ power consumption analysis product for digital chips and Synopsys’ global optics and photonics software business. The regulator has until March 5 to decide whether to accept these remedies, though it can extend the deadline to 6 May.

Synopsys expressed satisfaction with the CMA’s progress and reiterated its commitment to working closely with the authority. The outcome of the regulator’s review could significantly impact the completion of the merger, which aims to enhance the companies’ capabilities in chip design software.

US tech leaders oppose proposed export limits

A prominent technology trade group has urged the Biden administration to reconsider a proposed rule that would restrict global access to US-made AI chips, warning that the measure could undermine America’s leadership in the AI sector. The Information Technology Industry Council (ITI), representing major companies like Amazon, Microsoft, and Meta, expressed concerns that the restrictions could unfairly limit US companies’ ability to compete globally while allowing foreign rivals to dominate the market.

The proposed rule, expected to be released as soon as Friday, is part of the Commerce Department’s broader strategy to regulate AI chip exports and prevent misuse, particularly by adversaries like China. The restrictions aim to curb the potential for AI to enhance China’s military capabilities. However, in a letter to Commerce Secretary Gina Raimondo, ITI CEO Jason Oxman criticised the administration’s urgency in finalising the rule, warning of ‘significant adverse consequences’ if implemented hastily. Oxman called for a more measured approach, such as issuing a proposed rule for public feedback rather than enacting an immediate policy.

Industry leaders have been vocal in their opposition, describing the draft rule as overly broad and damaging. The Semiconductor Industry Association raised similar concerns earlier this week, and Oracle’s Executive Vice President Ken Glueck slammed the measure as one of the most disruptive ever proposed for the US tech sector. Glueck argued the rule would impose sweeping regulations on the global commercial cloud industry, stifling innovation and growth.

While the administration has yet to comment on the matter, the growing pushback highlights the tension between safeguarding national security and maintaining US dominance in the rapidly evolving field of AI.

Apple faces continued iPhone ban in Indonesia

Apple remains unable to sell its iPhone 16 in Indonesia despite agreeing to build a production facility in the country, according to Indonesia’s industry minister, Agus Gumiwang Kartasasmita. The ban stems from regulations requiring smartphones sold domestically to include at least 35% locally-made components—a threshold Apple has not met.

While Apple plans to invest $1 billion in a facility on Batam island to produce its Airtag tracking devices, the industry ministry clarified that this does not qualify as contributing to iPhone production. Kartasasmita emphasised that only phone components would satisfy the local content rules necessary for certification to sell iPhones in Indonesia.

Apple, which lacks manufacturing facilities in the country, has maintained its presence through application developer academies since 2018. Despite two days of discussions between Kartasasmita and Apple’s vice president of global government affairs, Nick Ammann, the company’s proposals for ‘innovative investment’ failed to meet Indonesia’s regulatory standards for smartphone sales.

The planned Batam facility, expected to launch operations next year, underscores Apple’s interest in expanding its footprint in Indonesia, a nation of 280 million people. However, the iPhone 16’s path to market in the region remains uncertain.

Apple launches rare discount campaign in China amid fierce competition with Huawei

Apple has announced rare discounts on its latest iPhone models in China, offering up to 500 yuan ($68.50) off in a bid to counter growing competition from domestic rivals like Huawei. The promotion, running from 4 January to 7, applies to several iPhone models when purchased through specific payment methods, such as WeChat Pay or Alipay.

The flagship iPhone 16 Pro and iPhone 16 Pro Max, priced at 7,999 yuan and 9,999 yuan, respectively, will receive a maximum discount of 500 yuan. Meanwhile, the iPhone 16 and iPhone 16 Plus will see a 400 yuan reduction. The offer extends to older iPhone models and other products, including MacBook laptops and iPad tablets, with discounts ranging from 200 to 300 yuan.

That move comes as Apple faces a challenging environment in China, where economic pressures and intensifying competition have weighed on consumer spending. Huawei has reemerged as a formidable competitor, significantly boosting its market presence with locally-made chipsets and aggressive pricing.

While Apple briefly dropped out of China’s top five smartphone vendors in mid-2024, it regained some ground later in the year despite a slight dip in sales. By offering these discounts, Apple aims to retain its footing in the world’s largest smartphone market amid Huawei’s resurgence and a cautious economic climate.