Significance and Impact of Pressure on Big Tech in US and China

Published in UDN
(Taiwan) on 20 July 2021
by (link to originallink to original)
Translated from by Jennifer Sampson. Edited by Michelle Bisson.
Recently, the U.S. and China have had a similar ambition: to increase their supervision and management of big tech companies. The reasons they are increasing pressure on these companies differ, however, as do the risks and directions they will take in the future.

The meaning of big tech is different in the U.S. and China. In the U.S., it refers to GAFAM: Google, Amazon, Facebook, Apple and Microsoft. These five companies dominate the digital world, and their market value exceeds hundreds of billions of U.S. dollars. Apple alone accounts for more than $2 trillion — only seven countries in the world have gross domestic products that exceed that amount.

Big tech in China refers to BAT: Baidu, Alibaba and Tencent. Rising companies in recent years, Toutiao (which, along with TikTok, belongs to ByteDance), Meituan and DiDi Chuxing, will be added to the list as TMD.

In recent years, these 11 big tech companies have faced steadily increasing societal and governmental pressure in all countries. Some of this pressure comes from the fact that these companies have extremely high market shares and power. Another pressure is because the products and services offered by big tech have already thoroughly permeated the economic, societal and individual layers of these countries. They have become daily necessities for billions of people, and have incomparable amounts of influence. Because he was blocked from Facebook and Twitter, former U.S. President Donald Trump sued both companies for censorship, which just shows the extent of their influence.

Early on, GAFAM companies received scrutiny from those concerned with antitrust law in America and Europe. The five GAFAM companies are not only leaders in technology, but their businesses are strongly characteristic of platform and cyber economies. Once their market shares exceed a certain threshold, they are highly attractive to potential users, and the addition of new users will increase the engagement of existing users. Add to this insider technology information and mergers and acquisitions everywhere, and the structure of these increasingly huge and ever-powerful companies is hard to shake.

Market positioning is not the problem; the crucial point lies in whether there has been abuse. In the past, Microsoft and Google have violated antitrust laws, resulting in sky-high fines. Last month, a group of Democrats in the House of Representatives proposed strengthening the oversight of big tech companies, including the aspects of fairness and nondiscrimination on internet platforms, improved convenience for users to switch platforms, data portability and stronger monitoring of mergers and acquisitions. However, these proposals, which are intended to promote competition by passing laws, are controversial. In the telecommunications market, only after 20 years of hard work did it become the global norm to promote competition by implementing asymmetrical regulation with heavier obligations for huge businesses. Thus, the pressure on GAFAM companies might continue to increase.

In China, the problem is more complex. While the scale of BAT companies is smaller than that of GAFAM, their market power is perhaps even bigger. This is because over the past 10 years, BAT companies have been flush with cash. In addition, the government deliberately supported them with investments and purchases until the conglomerates grew so large that they each have become ecosystems that vie with one another. In fact, apart from ByteDance, of the three TMD companies, Meituan’s biggest shareholder is Tencent. Ride-hailing app DiDi Chuxing’s top two shareholders are Tencent and Alibaba, which also belong to the BAT ecosystem.

While the authorities in mainland China have strengthened the supervision of three big tech companies, it cannot be said that they have not considered competition policies. In China’s market, where Xi Jinping insists on waging an internet battle, BAT expanded without restraint, becoming an intricate online ecosystem. The reason for this is related to China’s desire not to have many competing voices on the oversight of network management structure. It also has to do with China’s intentional support of digitized countries that can compete with the U.S. and be big players on the international stage. National policy can benefit a company, or not. Each company has experienced where the red line is drawn. That was probably the intended message they received after Ant Group’s initial public offering was recently blocked, DiDi Chuxing was pulled from stores and Tencent was forced to give up its music licensing rights.

For investors, these regulatory uncertainties have an impact, which is relatively easier to predict in Europe and America. The timing, reasoning for and force of China’s oversight, and even national security reviews, are harder to predict and require sensitivity to current politics.

Another impact worth paying attention to is the overall risk as the U.S. and China move toward capital market decoupling. Since the era of Donald Trump, the U.S. has carried out reviews of Chinese investments and strengthened listing regulations, both of which continue to discourage Chinese investment. Moreover, companies that have recently begun trading on the U.S. market, from Didi Chuxing to Yunmanman Full Truck Logistics Information Co., have undergone national security reviews in China that have been interpreted as a newly drawn red line. The decoupling of U.S. and China capital markets is occurring faster than expected; how this will affect the rest of the world, and Taiwan, remains to be seen and requires close attention.


經濟日報社論/美中對科技巨擘施壓的意義與影響

美中最近有志一同,都升高對科技巨擘(Big Tech)的監督及管理力道;不過加壓的理由不同,風險及未來方向也會不同。

Big tech的意義在美中不同。在美國是指GAFAM,亦即Google、亞馬遜(Amazon)、Facebook、蘋果電腦(Apple)以及微軟(Microsoft)五家主導數位世界的超級公司。五家公司市值都超過千億美元,其中蘋果公司更是超過2兆美元,意味著世界上僅有七個國家的GDP超過蘋果電腦公司。

在中國科技巨擘是指BAT,也就是百度(Baidu)、阿里巴巴(Alibaba)及騰訊(Tencent)。近年來的明日之星再加上今日頭條(Toutiao)(跟抖音同屬字節跳動集團)、美團(Meituan)及滴滴出行(DiDi)所組成的TMD。

這11家科技巨擘近年來都面對各國社會與政府與日俱增的壓力。這些壓力一方面來自於這些企業都在相關市場有極高的市占率及市場力量,另方面也因為科技巨擘所提供的產品及服務已經全面滲透到各國的經濟、社會及個人層面,甚至成為數十億人日常必需,影響力無與倫比;美國前總統川普就是因為被臉書及推特封鎖,怒告二家公司對其進行內容審查,正是這種影響力的展現。

美系GAFAM在歐美早已受到競爭法的關注。因為GAFAM五家企業除科技領先之外,其業務具有強烈平台經濟及網路經濟的性質。一旦市占率突破門檻後,對潛在用戶具有高度吸引力,而新用戶加入又會增加現有用戶的黏著度,加上科技底蘊及四處併購,大者恆大且更大的結構不易撼動。

市場地位本身不是問題,關鍵在有無濫用。過去微軟及Google因違反競爭法被判天價罰金,主要就是被認定有濫用地位妨礙競爭的問題。上個月部分民主黨議員在美國眾議院提案,要針對網路平台的公平無歧視原則、提升用戶轉換平台的便利性、資料可攜性與強化併購案件監管等幾個面向,強化科技巨擘的監管。這些有意以人為法令促進競爭的提案爭議不小,不過在電信市場對於巨大業者實施義務較重的「不對稱管制」來促進競爭,也是歷經了近20年的努力才成為全球一致作法,因此GAFAM的壓力可能會持續增加。

在中國,問題更加複雜。BAT的規模小於GAFAM,然而市場力量可能更大。這是因為BAT在過去十餘年滿手現金加上政府刻意扶植,到處投資收購,數目之多集團之大,竟然已經各自形成集團「生態系統」相互抗衡。事實上,TMD三家公司除了字節跳動外,美團最大股東是騰訊,滴滴出行的前二大股東是騰訊及阿里,也是BAT生態系的成員。

大陸當局強化對三家科技巨擘的監管,不能說沒有競爭政策考量,不過BAT能在習近平堅持「打好網路這一戰」的大陸市場無限擴張成立綿密的網絡生態系,背景跟中國大陸不要百家爭鳴以便監管的網路治理結構有關,也跟有意扶植數位國家隊跟美國抗衡甚至打世界盃也有關。國家政策的恩惠可以受益也可以取消,紅線在哪裡各自體會,大概就是最近從螞蟻金服IPO失敗、滴滴出行被迫下架到騰訊放棄音樂版權所欲發出的訊息。

對於投資人而言,這些監管不確定性都有影響。其中歐美相對比較好預測,中國監管甚至國安審查出手的時機、原因及力道比較難預測,需要仰賴更多的政治敏感度。

另一個值得重視的影響,是美中走向資本市場脫鉤的整體風險。美國從川普時代實施的中資投資審查及強化上市監管法規都還在繼續抑制中資意願,而從滴滴出行到「運滿滿」等近期赴美上市企業,在中國被進行國安風險調查,也被解讀成是在畫新的紅線。美中資本市場脫鉤的速度比預期更快,對全球及台灣的禍福還不易判斷,需要密切注意。
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