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China's Ministry of Justice Photo: VCG
China on Wednesday determined that the EU's cross-border investigative practices targeting Chinese entities in its probe into JD.com under the Foreign Subsidies Regulation (FSR) constituted unlawful extraterritorial jurisdiction, and said it is barring organizations and individuals from implementing or assisting with the measures.
This statement was made by China's Ministry of Justice (MOJ), together with the Ministry of Commerce (MOFCOM) and other relevant departments. The announcement takes effect immediately.
The finding follows an investigation conducted pursuant to Articles 3 and 6 of China's rules on countering foreign states' unlawful extraterritorial jurisdiction measures. No organization or individual may implement or assist in implementing such measures, according to the official WeChat account of the MOJ on Wednesday evening. 
The announcement sends a clear and firm message about China's position on the EU's unilateral measures, and the bloc should carefully weigh the broader implications of pursuing such actions, including the potential costs to its own interests and China-EU economic and trade relations, a Chinese expert said. Continued use of the FSR in this manner could erode investment confidence and further strain bilateral economic ties, the expert noted.
Countering extraterritorial overreach
A spokesperson for China's MOJ on Wednesday blasted the EU's targeting of JD.com, saying the bloc had arbitrarily demanded extensive and unnecessary information located in China from Chinese entities on a cross-border basis. Such demands are improper and constitute a serious violation of the international rule of law, the spokesperson said.
To safeguard China's sovereignty, security and development interests, as well as the legitimate rights and interests of Chinese citizens, legal persons and other organizations, the Ministry of Justice, together with the Ministry of Commerce and other relevant authorities, determined in accordance with rules on countering foreign states' unlawful extraterritorial jurisdiction measures that the EU's actions constituted unlawful extraterritorial jurisdiction. Any organization or individual is therefore prohibited from complying with or assisting in the implementation of the measures, according to the spokesperson.
The MOJ spokesperson urged the EU to immediately correct its wrongful practices, stop abusing the Foreign Subsidies Regulation as an investigative tool, and provide a fair, just and predictable market environment for companies investing and operating in Europe. If the EU persists with such actions, China will take resolute countermeasures in accordance with law, the spokesperson said.
Chinese e-commerce giant JD.com's $2.5 billion bid for German electronics retailer Ceconomy may involve Chinese subsidies, European ‌Union competition regulators claimed, as they opened a full-scale investigation into the deal, Reuters reported on May 28.
The acquisition will allow one of China's largest retailers to expand outside its home market via Ceconomy-owned electronic products retailers MediaMarkt and Saturn, Reuters reported.
The decision by ⁠the European Commission marks its first in-depth probe of a Chinese deal under its so-called FSR.
This marks another time the rules on countering foreign states' unlawful extraterritorial jurisdiction measures have been invoked since they took effect in April.
In May, the MOJ, together with MOFCOM and other relevant departments, determined after an investigation that the EU's cross border investigative practices targeting Chinese entities in its investigation into Nuctech under the FSR constituted unlawful extraterritorial jurisdiction.
The latest announcement concerning the EU's unilateral move under the FSR once again reflects the Chinese government's firm position on safeguarding national sovereignty, security and legitimate rights and interests, while also representing a clear response to the EU's relevant practices, Jian Junbo, director of the Center for China-Europe Relations at Fudan University's Institute of International Studies, told the Global Times on Wednesday.
"The announcement sends a clear signal to the EU and other countries: China will not accept attempts by any country to use its domestic laws as a basis for exercising unlawful extraterritorial jurisdiction over matters within China, particularly when such actions undermine China's sovereign rights and interests," said Jian.
Likewise, China will not accept attempts to unilaterally address economic and trade frictions through so-called legal instruments when doing so harms the legitimate rights and interests of Chinese companies and the Chinese market, Jian said.
Call on fair, just market
The EU's frequent use of the FSR against Chinese companies is not an isolated occurrence.
In February, the European Commission announced an in-depth investigation under the FSR into Chinese wind turbine manufacturer Goldwind.
Responding to the bloc's move, a MOFCOM spokesperson said that the EU had recently frequently used the FSR to launch investigations into Chinese companies and had escalated investigations into Chinese wind power and security equipment companies to in-depth probes, showing clear targeting and discrimination. China has expressed serious concern and strong dissatisfaction over the moves.
The MOFCOM spokesperson said the EU's investigations had broadened the concept of "foreign subsidies" and involved multiple problems, including insufficient evidence to launch investigations and a lack of transparency in procedures, describing the practices as "typical protectionism in the name of 'fair competition.'"
In January 2025, following an investigation, MOFCOM already determined in accordance with the law that the EU's relevant practices constituted trade and investment barriers. Instead of correcting its practices, the EU has gone further down the wrong path.
"China has made its position very clear, and the EU should fully consider the consequences of continuing with such measures, including their potential impact on the EU itself and on China-EU economic and trade relations," Zhang Jian, a vice president of the China Institutes of Contemporary International Relations, told the Global Times on Wednesday.
If the EU continues to impose excessive restrictions on foreign companies through similar rules, it will not only raise compliance costs for multinational companies but could also undermine the competitiveness of European businesses, Zhang said, noting that the EU economy is already facing considerable challenges, while concerns over excessive regulation, bureaucracy and increasingly complex rules have also grown within Europe.
Moreover, such rules may ultimately constrain European companies as well as foreign businesses, experts noted. At a time when the EU economy is facing difficulties, adding more regulation and restrictions instead of addressing underlying problems would be akin to "drinking poison to quench thirst," potentially creating even greater problems for the European economy, Zhang said.
China and the EU are both major global economies. Chinese investment in Europe not only brings capital, but also creates jobs, strengthens supply chains, introduces new technologies and adds vitality to local markets, Jian said.
Moreover, from new-energy vehicles to air conditioners and other consumer products, Chinese companies have brought high-quality, cost-effective products to European consumers, helping meet much-needed market demand while providing consumers with greater choice.
Jian said that as China-EU cross border investment deepens, regulatory frictions are inevitable, but they should be addressed through dialogue and coordination rather than unilateral expansion of extraterritorial jurisdiction. Respect for each other's judicial sovereignty and legal boundaries is essential to stable and predictable economic and trade ties, the expert said.
。    中国小康网讯记者张玉荣 通讯员粤公宣 据广东省公安厅，2024年以来，广东公安持续深入开展“昆仑”“蓝剑”专项行动，成功破获一批制售假冒伪劣燃气炉具、净水滤芯、家用电器、汽车配件和侵权盗版案件，全力打造法治化、国际化一流营商环境，护航经济高质量发展。为发挥以案示警作用，4月26日，广东省公安厅发布广东公安食药环知侦查部门打击侵犯知识产权和制售假冒伪劣商品犯罪十起典型案件。一、广州市公安机关侦破温某等人侵犯著作权案。2023年7月，广州市公安机关根据线索破获一起制售盗版图书案，捣毁窝点8个，抓获犯罪嫌疑人33名，缴获盗版教辅图书约38万册，成功阻断了不法分子使用劣质纸张油墨印制盗版图书通过注册空壳公司在网络购物平台销往全国各地，服务支撑文化市场健康发展。二、广州市公安机关侦破林某等人制售假冒品牌美缝剂案。2023年3月，广州市公安机关根据举报破获一起制售假冒品牌美缝剂案，捣毁窝点 17个，抓获犯罪嫌疑人72名，查获假冒品牌美缝剂4万多支、防伪标签15万枚，切实保障企业合法权益，维护市场经济秩序。三、深圳市公安机关侦破丘某等人销售假冒品牌服装案。

B | 2024年3月，深圳市公安机关根据自侦线索，破获一起销售假冒品牌服装案，捣毁窝点8个，抓获犯罪嫌疑人24名，有力维护消费者合法权益和良好营商环境。四、珠海市公安机关侦破季某等人销售假冒品牌电器案。2023年4月，珠海市公安机关根据举报线索破获一起销售假冒品牌电器案，捣毁窝点16个，抓获犯罪嫌疑人45名。经查，不法分子在未获品牌方授权的情况下非法取得电器芯片，通过设立生产窝点组装电器成品并在电商平台销售。该案的侦破有力保护了人民群众生命财产安全及企业正常经营和健康发展。

C | 五、珠海市公安机关侦破李某等人制售假冒品牌卡式炉专用燃气瓶案。2023年12月，珠海市公安机关根据举报线索破获一起制售假冒品牌卡式炉专用燃气瓶案，捣毁窝点4个，抓获犯罪嫌疑人14名，查获假冒品牌卡式炉专用燃气瓶16万余瓶、卡式炉300余个、烤盘1200余个，及时有效消除安全隐患。六、佛山市公安机关侦破林某等人制售假冒品牌家电案。

D | 2023年4月，佛山市公安机关根据举报线索破获一起制售假冒品牌家电案，捣毁窝点15个，抓获犯罪嫌疑人62名。经查，不法分子以低价收购废旧、残次品牌家电产品及配件进行组装翻新，假冒品牌正品通过电商平台对外销售。公安机关依法严查严打，成功阻断了劣质产品流入市场，维护了市场经济健康发展。七、韶关市公安机关侦破郑某等人制售假冒品牌润滑油案。2023年12月，韶关市公安机关根据线索破获一起制售假冒品牌润滑油案，捣毁窝点5个，抓获犯罪嫌疑人15名。及时防范化解风险隐患，营造良好营商环境。

E | 八、东莞市公安机关侦破周某等人制售假冒品牌香水案。2023年2月，东莞市公安机关根据群众举报线索破获一起制售假冒品牌香水案，捣毁窝点12个，抓获犯罪嫌疑人67名，查获一大批假冒品牌香水。有效保护了企业和消费者合法权益。九、中山市公安机关侦破王某等人制售伪劣净水滤芯案。2024年3月，中山市公安机关根据群众举报线索破获一起制售伪劣净水滤芯案，捣毁窝点13个，抓获犯罪嫌疑人65名。以重拳打击坚决遏制此类犯罪势头，保障企业群众合法权益。十、清远市公安机关侦破伦某等人侵犯著作权案。2023年8月，清远市公安机关根据群众举报线索破获一起侵犯著作权案，抓获犯罪嫌疑人10名，经查，不法分子在未获得权利人授权的情况下，虚构著作权转让事实，出版音像制品并骗取版权登记证书，通过在KTV经营场所“钓鱼点播”，发起大量民事索赔诉讼获利。此案的查处进一步强化了版权保护，维护了公平正义。 编辑：麦婉华。

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