Everyone Beware: A Comparative Study of Consumer Protection in Chinese and Australian Mobile Commerce

This article examines the legal issues in a significant Chinese commercial case - Qihoo v Tencent - from a consumer and an Australian legal perspective, with particular reference to the Competition and Consumer Act 2010 (Cth). Through a hypothetical application of that Act onto the facts of Qihoo v Tencent, this article identifies loopholes in the Chinese and Australian competition laws related to consumers' dealings with software products and services. By using a comparative approach to analyse the void in the Chinese competition statutes, knowledge of the Australian law becomes a valuable aid for addressing domestic legal issues in China when relevant. As China has commenced a revision of the Anti-Unfair Competition Law 1993 and Australia has undergone a review of its competition law and policy, this article presents a current examination of the competition regime of the two countries for the advancement of consumer protection in digital transactions.