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Meituan — Legal Proceedings Report 2021
Oct 8, 2021
50868_rns_2021-10-08_3170e8ea-f737-4505-b6d2-07c3c37bf3ca.pdf
Legal Proceedings Report
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Hong Kong Exchanges and Clearing Limited and The Stock Exchange of Hong Kong Limited take no responsibility for the contents of this announcement, make no representation as to its accuracy or completeness and expressly disclaim any liability whatsoever for any loss howsoever arising from or in reliance upon the whole or any part of the contents of this announcement. This announcement is for information purposes only and is not an invitation or offer to sell or acquire or the solicitation of an offer to sell or acquire, purchase or subscribe for any securities of the Company.
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(A company controlled through weighted voting rights and incorporated in the Cayman Islands with limited liability) (Stock code: 3690)
INSIDE INFORMATION ADMINISTRATIVE PENALTY DECISION OF ANTI-MONOPOLY INVESTIGATION
This announcement is made by Meituan (the “ Company ”) pursuant to Rule 13.09(2)(a) of the Rules (the “ Listing Rules ”) Governing the Listing of Securities on The Stock Exchange of Hong Kong Limited and the Inside Information Provisions (as defined under the Hong Kong Listing Rules) under Part XIVA of the Securities and Futures Ordinance (Chapter 571 of the Laws of Hong Kong).
On April 26, 2021, the Company issued an announcement regarding its receipt of a notice of investigation (the “ Anti-Monopoly Investigation ”) from the State Administration for Market Regulation of the People’s Republic of China (the “ SAMR ”). This announcement provides updated information.
On October 8, 2021, the SAMR issued an Administrative Penalty Decision (the “ Decision ”) of the Anti-Monopoly Investigation into the Company. In the Decision, the SAMR found that the Company had violated Article 17(4) of the Anti-Monopoly Law of the People’s Republic of China (the “ Anti-Monopoly Law ”). Article 17(4) of the Anti-Monopoly Law stipulates that a business operator with a dominant market position is prohibited from restricting business counterparties through exclusive arrangements without justifiable causes.
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Pursuant to Articles 47 and 49 of the Anti-Monopoly Law and Articles 5 and 32 of the Law of the People’s Republic of China on Administrative Penalties, the SAMR ordered the Company to cease unlawful acts and imposed on the Company a fine of RMB3.442 billion, or 3% of the Company’s revenue generated in the People’s Republic of China in 2020, after considering the factors such as the Company’s voluntary admission of its “pick-one-from-two” conduct before the investigation, voluntary production of evidence during the investigation, suspension of the “pick-one-from-two” conduct, implementation of comprehensive self-investigation and rectification, and proactive return of the exclusive partnership deposits that were previously collected. The SAMR also issued an administrative guidance (the “ Guidance ”), instructing the Company to rectify its competing acts in all aspects, protect the lawful rights and interests of all participants on the platform, enhance its internal controls and compliance, and uphold a positive competitive ecosystem of the platform. The Guidance requires the Company to submit a self-assessment and compliance report to the SAMR for three consecutive years. The Company accepts this with sincerity and is determined to ensure compliance. The Company will implement a comprehensive and in-depth self-rectification program according to the Decision and the Guidance, and prohibit the “pick-one-from-two” conduct. The Company will also take this lesson to heart, operate in accordance with law, consciously maintain orderly fair competition, earnestly fulfill its responsibility to society, better obey and serve the socioeconomic development, and contribute more towards the high-quality development of the national economics.
Shareholders and potential investors of the Company are advised to exercise caution when dealing in the Shares or other securities of the Company.
By Order of the Board Meituan Wang Xing Chairman
Hong Kong, October 8, 2021
As at the date of this announcement, the board of directors of the Company comprises Mr. Wang Xing as chairman and executive Director, Mr. Mu Rongjun and Mr. Wang Huiwen as executive Directors, Mr. Lau Chi Ping Martin and Mr. Neil Nanpeng Shen as non-executive Directors, and Mr. Orr Gordon Robert Halyburton, Mr. Leng Xuesong and Dr. Shum Heung Yeung Harry as independent non-executive Directors.
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