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Opinions
Angela Huyue Zhang on Why Beijing Took On the Tech Giants
The Wire China, April 28, 2024
Angela Huyue Zhang is an associate professor of law at the University of Hong Kong, and a leading expert on Chinese tech regulation. She is the author of High Wire: How China Regulates Big Tech and Governs Its Economy, a highly acclaimed book that absorbs all that happened during China’s 2020–2022 tech crackdown to explain how the government there regulates its tech sector. In this lightly edited Q&A, we spoke about when and why Beijing’s attitude towards China’s big tech darlings changed, how the relationship between regulators and companies has developed in the aftermath of the crackdown, and what all this means for China’s artificial intelligence industry.
Angela Huyue Zhang on Chinese Innovation, Regulation, AI, and More
Project Syndicate, May 19, 2024
This week in Say More, PS talks with Angela Huyue Zhang, Associate Professor of Law and Director of the Philip K. H. Center for Chinese Law at the University of Hong Kong, and the author of High Wire: How China Regulates Big Tech and Governs its Economy.
The Case for Regulating Generative AI Through Common Law
Project Syndicate, Feb 15, 2024
The European Union’s Artificial Intelligence Act could impede the development of AI technologies, which depends on the availability of human-generated content as training data. By contrast, case-by-case adjudication could prove to be a more effective mechanism for tackling the myriad challenges posed by emerging technologies.
China’s Short-Sighted AI Regulation
Project Syndicate, Dec 8, 2023
From the government to the courts, Chinese authorities have become fixated on ensuring that the country can surpass the US to become the global leader in artificial intelligence, no matter the cost. They seem not to realize just how high that cost may turn out to be.
China-U.S. Tech Rivalry Is Making It Harder To Contain AI Risks
Nikkei Asia, Oct 31, 2023
This week, the U.K. will convene a much-anticipated summit on artificial intelligence safety. The inclusion of China as a participant in the event has drawn a storm of criticism, though, with former British Prime Minister Liz Truss among those calling the move a mistake. Yet allowing ideology to interfere with global efforts to improve AI safety would be a grave error. Global AI safety requires international collaboration, and policymakers should recognize the urgency of this before it is too late.
Chinese Regulators Give AI Firms a Helping Hand
Project Syndicate, Oct 3, 2023
While China was an early mover in regulating generative AI, it is also highly supportive of the technology and the companies developing it. Chinese AI firms might even have a competitive advantage over their American and European counterparts, which are facing strong regulatory headwinds and proliferating legal challenges.
China Has Too Much Invested In AI To Smother Its Development
Nikkei Asia, May 18, 2023
In the high-stakes world of artificial intelligence, China has just made a bold move. The Cyberspace Administration of China (CAC) last month rolled out a draft policy on generative artificial intelligence, indicating its intention to impose strict regulations that may change the game for major players like Baidu, Alibaba Group Holding and ByteDance.
Alibaba and the Forced Restructuring
Project Syndicate, Apr 5, 2023
Alibaba’s planned restructuring might mollify the Chinese government's concerns about its size and influence. But the move does not seem likely to alleviate antitrust concerns in any meaningful way, and there is no strong business justification for the company's chosen approach.
The good old days will not be back for China's internet companies
Nikkei Asia, January 24, 2023
Are the Chinese technology sector's regulatory troubles ending? Or is Beijing tightening its grip on internet companies even harder? Recent days have provided evidence for both views. Earlier this month, Guo Shuqing, Communist Party secretary for the People's Bank of China, announced that rectification work at 14 financial technology companies had basically been completed.
Project Syndicate, Nov 28, 2022
With protests erupting across China, the government is under pressure to exit from its costly zero-COVID strategy. But the rollback of restrictions is likely to be carried out in a gradual, controlled manner, much like China’s reform and opening up of four decades ago. HONG KONG – Following a deadly fire in a residential building in China’s Xinjiang region – which many blame on COVID-19 lockdowns – Chinese protesters have taken to the streets to demand an end to stringent pandemic restrictions. Even before the protests erupted, there were signs that President Xi Jinping’s administration was preparing to roll back the costly zero-COVID policy, though the exact timeline remains uncertain. But this process will be more complicated than many seem to realize.
The Didi Case and the Party’s Influence over Data Enforcement
U.S. - Asia Law Institute, Sep 20, 2022
In July 2022, the Cyberspace Administration of China (CAC) completed its probe into Didi Chuxing and imposed a USD 1.2 billion fine on the country’s leading ride-hailing giant. The case had been launched a year earlier, when the CAC conducted a surprise cybersecurity inspection of Didi just two days after the firm’s initial public offering in New York.
How Antitrust Facilitates China’s Goal to Achieve Technological Self-Sufficiency
Centre for International Governance Innovation, Jun 27, 2022
This essay is part of The Four Domains of Global Platform Governance, an essay series that examines platform governance from four distinct policy angles: content, data, competition and infrastructure. Ant Group’s attempted initial public offering (IPO) in 2020 was to be the biggest in world history. If it had succeeded, 18 Chinese individuals would have become billionaires overnight. Unfortunately for Ant, Chinese regulators put the brakes on the deal just two days before it was to go ahead (Yang and Wei 2020). Ant never became the biggest IPO in Chinese history, while Alibaba (Ant’s affiliated company) would, just a few months later, become the recipient of the biggest fine ever issued by Chinese antitrust authorities. The months leading up to that US$2.8 billion1 fine were characterized by a fierce antitrust campaign aimed at China’s tech giants, all of whom have since faced some level of regulatory scrutiny over their business practices.
Is China’s Economic Miracle Over?
Project Syndicate, Jun 2, 2022
Whether the Chinese economy returns to health after the negative shock of zero-COVID policies is important not only for the country’s consumers and firms and for the global economy. A severe and prolonged downturn could also damage President Xi Jinping’s hopes of securing a third term in office later this year, and undermine the Communist Party of China’s legitimacy. In this Big Question, we ask George Magnus, Eswar Prasad, Nancy Qian, and Angela Huyue Zhang whether Chinese policymakers will be able to engineer a strong economic rebound.
Project Syndicate, May 19, 2022
HONG KONG – Hopes are rising that China’s embattled tech giants will finally get a reprieve from the severe legal and regulatory crackdown that has wiped out over $1.5 trillion of their shares’ value. Amid mounting challenges to economic growth, some Chinese government officials have signaled a possible shift to a new strategy: the acquisition of a 1% equity stake – or a so-called golden share – in major tech firms. But will this approach really brighten the outlook for China’s tech industry?
China Tech Loses its Edge as Data Regulation Laws Bite
Nikkei Asia, February 14, 2022
Last year, China made a quantum leap in data regulation by adopting two sets of national laws on data security and personal information protection. It is now in the process of churning out more guidelines to implement these ambitious new codes. In contrast with the United States' seeming hesitance when it
comes to introducing an overarching data law, China's legislative efforts struck many observers as bold and decisive. In fact, by introducing sweeping new measures to oversee algorithms and recommendations, China even appears one step ahead of the European Union.
Project Syndicate, Feb 1, 2022
This week in Say More, PS talks with Angela Huyue Zhang, Director of the Center for Chinese Law at the University of Hong Kong and the author of Chinese Antitrust Exceptionalism: How the Rise of China Challenges Global Regulation.
Project Syndicate: Last November, you wrote that new draft guidelines for tech platforms – especially the requirement that users opt in to personalization – could cause significant harm to tech companies. But to what extent might the new guidelines benefit consumers? The rules coming into force on March 1 also target companies that use algorithm-based recommendations in their services but include only an opt-out requirement. Does that strike a better balance between the interests of consumers and tech companies?
Angela Huyue Zhang: My guess is that the opt-out requirement won’t have much of an impact on Chinese tech companies’ business operations. Most Chinese consumers probably won’t opt out from recommendation and personalization services, either because they simply don’t bother to take the extra step or because they don’t realize it is an option. The opt-in requirement, however, could have a drastic and disruptive impact on platform businesses.
China's Tech Regulators Strike Again
Project Syndicate, Nov 24, 2021
When Apple began asking iPhone users whether they wanted to opt out of data tracking, 84% said yes – dealing a major blow to platforms whose business models depend on the collection and sale of user data. This is an ominous sign for Chinese tech companies, which now face the prospect of much tougher data regulations.
How an Evergrande Collapse Would Cascade Through China
Bloomberg, November 1, 2021
On Oct. 15, the People’s Bank of China assured investors that China would be able to ring-fence the risks that China Evergrande Group’s collapse posed to the financial system. Representatives from the central bank noted that only one-third of the firm’s liabilities were owed to financial institutions, and that the exposure of individual banks was relatively small.
Evergrande and Energy Crises Show Beijing's Need for Systems Thinking
Nikkei Asia, October 7, 2021
Two emerging threats to the Chinese economy have alarmed global investors. The first is the Evergrande debt crisis, which has sent shock waves across financial markets and left investors feeling worried that another Lehman moment could be imminent. The second is the power shortage crisis in northeast China
that has quickly spread to 20 Chinese provinces and will probably worsen during the winter. The power crunch is not only affecting the daily lives of a vast Chinese population but is also crippling manufacturing and will slow China's economic growth this year.
Project Syndicate, Sep 6, 2021
China’s new Personal Information Protection Law represents an important first step toward protecting the privacy of Chinese citizens, and it will undoubtedly increase the compliance burden for major tech firms. But the PIPL may turn out to be far weaker than it appears.
Didi's Failure to Listen Forces Rewrite of Chinese Tech Listing Rules
Nikkei Asia, July 9, 2021
When Jean Liu, the president of Didi Chuxing, was asked during an interview with Bloomberg Television why she had given up the Goldman Sachs managing director's role to join the ride-hailing giant, her reply was that she saw Didi's potential to make a "huge impact."
Big Tech is the Regenerative Starfish of Our Times
Nikkei Asia, May 7, 2021
Looming regulatory challenges are clouding the future of Big Tech the world over. In China, Alibaba received a record fine of $2.8 billion for abusing its dominant position in e-retailing business last month.
The e-commerce giant was reportedly asked to divest media assets from its vast business empire, even though this wasn’t included in the penalty decision and there is actually no legal basis under Chinese antitrust law to request the firm to do so.
What Does Beijing Achieve from Regulating Its Big Tech?
USALI Perspective, Vol. 1, Number 20, April 20, 2021
On April 10, China’s antitrust regulator slapped Alibaba with a record fine of $2.8 billion for exclusionary business practices. Since then, other Chinese tech firms have fallen in line by vowing to comply with
government regulation. Meanwhile, Ant Group, an affiliate of Alibaba, is facing pressure from Chinese financial regulators to revamp its business structure in a way that may cut its valuation by two-thirds.
How China's Fragmented Bureaucracy Works to Ant Group's Advantage
Nikkei Asia, Mar 26, 2021
Ever since Ant Group's initial public offering debacle, China's fintech sector has found itself in the crosshairs of regulators. In late January, the People's Bank of China proposed new guidelines for nonbank
payment institutions, threatening to break up large digital payment platforms. While the PBOC has a clear mandate to regulate payment platforms, its latest antitrust initiative appears to be driven by the vested interests of Chinese state banks to gain bargaining leverage against Ant and other fintech businesses.
Project Syndicate, Mar 12, 2021
Chinese fintech conglomerate Ant Group has quickly grown into an internet titan, owing not only to regulatory lag but also to its agile adaptation to rule changes. But recent strong official criticism of the firm, coming on top of the suspension of its IPO, suggests that the country's regulators have finally caught up.
China is Leaning into Antitrust Regulation to Stay Competitive with the U.S.
Fortune, February 9, 2021
The Ant Group is planning a major revamp in response to pressure from Chinese financial regulators, just three months after Jack Ma’s outspoken remarks against them. New antitrust rules concerning tech firms went into effect on Sunday. While Ma’s critical speech may have been the tipping point for the government to rein in Big Tech, there have been long-standing economic, social, and industrial policy issues that merit the government’s action. In fact, Beijing’s recent efforts to strengthen antitrust regulation in the tech sector are motivated by a larger goal: to become a technology superpower and achieve self-sufficiency so that China no longer needs to rely on the West.
Why Is China Cracking Down on Alibaba?
Project Syndicate, Feb 2, 2021
The Chinese authorities' antitrust action against the e-commerce giant appears arbitrary. The perception that the same business practices are treated in drastically different ways when policy priorities shift will not bolster investor confidence in China’s thriving internet firms. HONG KONG – Since the Chinese authorities suddenly halted fintech conglomerate Ant Group’s planned initial public offering in autumn 2020, its parent company, e-commerce king Alibaba, has been facing harsh regulatory scrutiny. On Christmas Eve, China’s antitrust authority announced that it was investigating the firm’s exclusive business practices. And Alibaba’s founder, Jack Ma, recently eased concerns regarding his fate by appearing in public for the first time since last October, when he delivered a speech criticizing financial regulation in China.
The Dangerous Legal War Posing a New Threat to China-US Relations
Nikkei Asia, February 1, 2021
The United States and China are now locked in a dangerous legal war. On Jan. 9, China's Ministry of Commerce issued new rules to block its companies and citizens from having to comply with "unjustified"
foreign laws and measures in an attempt to counter increasingly aggressive U.S. sanctions against Chinese businesses and individuals. The purpose of this blocking statute, similar to other countermeasures such as the "unreliable entity list" that China implemented last year, is more bark than bite. It is hardly a surprise that China has adopted such a law. A long list of countries have implemented measures designed to block the applications of U.S. sanctions within their jurisdictions, including some of America's closest allies such as Canada and the United Kingdom. What is more surprising, however, is that it has taken China so long to react.
China's Alibaba Probe Is Not All Bad News
Nikkei Asia, Jan. 8, 2021
The Christmas Eve announcement by China's State Administration of Market Regulation that it would investigate Alibaba Group Holding for monopolistic tactics wiped over $100 billion from the company's
market value within just a day. The strong reaction reflected investor concern over Alibaba's future prospects amid continuing fallout from a controversial speech by founder Jack Ma attacking financial regulators as well as a series of recent declarations from the authorities about reining in the country's powerful internet platforms.
In China, Behave or Face a Campaign
Bloomberg, January 7, 2021
Staffing and new laws aren’t yet up to speed with the country’s business growth. To cope, antitrust regulators turn to time-honored Communist party strategies for keeping things in line. With the debacle of Ant Group Co.’s initial public offering, we’ve witnessed a flurry of legislative and enforcement activities aimed at tightening antitrust regulation within the Chinese tech sector. This massive campaign, however, is hardly a new phenomenon in Chinese law. The roots of campaign-style law enforcement can be traced back to the revolutionary period of the Chinese Communist Party, which often needed to rely on mass movements in the absence of state institutions.
Should China Wield Antitrust Laws to Counter US Attacks on Huawei Amid Global Tech
South China Morning Post, May 26, 2020
The US Commerce Department recently announced a measure that will ban Chinese telecoms giant
Huawei and its suppliers from using US-made machinery and software to design or produce chips without obtaining a US licence. Many in China perceive this move as aimed at strangling Huawei to maintain American technological hegemony.
Coronavirus-related US Lawsuits Against China Risk a Further Worsening of Relations,
South China Morning Post, May 11, 2020
A flurry of complaints have been filed against China in US federal courts seeking enormous damages
caused by China’s mishandling of the coronavirus outbreak. These include class actions filed on behalf of individuals and businesses from at least five different states, as well as a lawsuit by the state attorney general from Missouri, while Mississippi has also said it will file a case.
NIKKEI ASIA, November 24, 2016
Investments by Chinese state-owned enterprises in Europe have run into muddy waters recently.
Don't Panic, China is not Buying the World
NIKKEI ASIA, January 29, 2015
China ended 2014 as a net capital exporter, according to government data. Though a first, this should come as no surprise.
Who is Guarding China's Trust Busters?
NIKKEI ASIA, August 26, 2014
The National Development and Reform Commission, China's forceful economic planner and industrial regulator, has recently grabbed headlines at home and abroad as an aggressive antitrust enforcer.