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China rejects EU’s ‘unlawful’ extraterritorial overreach in JD.com probe; move signals Beijing’s resolve to safeguard its interests: expert_我的网站

A |     　　近日，中央网络安全和信息化委员会印发《促进网信企业高质量发展行动计划（2026-2030年）》（以下简称《行动计划》）。    

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.
。中央网信办有关负责同志就《行动计划》回答了记者提问。　　1.问：制定出台《行动计划》的背景和目的是什么？　　答：网络信息技术是全球研发投入集中、创新活跃、应用广泛、辐射带动作用显著的技术创新领域。

B | 以网络信息技术为核心驱动力、以网络安全和信息化为主要业务的网信企业是网络强国建设的重要力量，对培育发展新质生产力、巩固提升国际竞争力具有关键作用。　　党中央高度重视网信企业发展。习近平总书记指出，发展数字经济，离不开一批有竞争力的网信企业。强调要坚定不移支持网信企业做大做强，加强规范引导，促进其健康有序发展。

C | 企业发展要坚持经济效益和社会效益相统一，更好承担起社会责任和道德责任。近年来，我国网信企业快速发展，形成了一批规模较大、有国际影响力的大型企业，培育了一大批创新型中小企业，在促进创新、推动发展、创造就业、国际竞争等方面发挥了重要作用。　　制定出台《行动计划》是贯彻党中央关于网络强国建设和“十五五”时期网信工作有关部署的具体举措，目的是进一步强化政策引领和要素保障，激发各类网信企业活力，规范引导网信企业健康有序发展，推动网信企业走高质量发展之路，实现质量更好、效益更高、竞争力更强、影响力更大的发展。

D | 　　2.问：《行动计划》的总体考虑是什么？　　答：《行动计划》坚持以习近平新时代中国特色社会主义思想为指导，深入贯彻党的二十大和二十届历次全会精神，认真落实四中全会部署，深入学习贯彻习近平总书记关于网络强国的重要思想，完整准确全面贯彻新发展理念，加快构建新发展格局，坚持鼓励支持和规范发展并行、政策引导和依法管理并举、经济效益和社会效益并重，以优质网信企业培育服务为主线，加快提升网信企业的技术创新、赋能产业、国际化经营和安全发展能力，持续优化营商环境与要素保障，统筹推动高质量发展、高水平安全和高效能治理，做强做优做大网信企业，为网络强国建设提供有力支撑。

E | 　　3.问：《行动计划》的主要目标是什么？　　答：《行动计划》提出，到2030年，我国网信企业综合实力显著增强，科技创新力、产品硬实力、服务竞争力明显提升，网信产业生态和发展环境全面优化，安全规范、健康有序发展的制度体系更加健全，网信企业赋能经济社会高质量发展的作用更加凸显。　　4.问：《行动计划》部署了哪些重点行动？　　答：《行动计划》明确了7项行动21条举措。一是企业培育服务行动，建立完善优质网信企业培育服务机制，针对生态主导型、产业引领型、高成长创新型三类企业分类施策开展培育服务。二是创新能力提升行动，加强关键核心技术攻关、强化企业创新主体地位、推动科技成果转化应用。三是赋能产业升级行动，赋能制造业数字化转型、数字乡村建设、数字消费提质升级，推动企业绿色低碳发展。四是海外市场拓展行动，支持企业有序“走出去”、构建企业出海服务体系。

F | 五是安全有序发展行动，守牢安全底线、防范无序竞争、加强网络法治建设。六是营商环境优化行动，营造公平竞争市场环境、优化营商网络环境。七是发展要素保障行动，强化金融支持、数据保障、人才支撑。　　5.问：下一步就落实《行动计划》有哪些工作举措？　　答：在中央网络安全和信息化委员会领导下，依托国家信息化发展工作统筹协调机制加强部门会商、协调配合，形成发展合力，切实推进《行动计划》重点任务落实。中央网信办建立健全网信企业监测和动态分析机制，定期听取企业意见建议，加强政策评估，及时总结推广做法经验。同时，推动各地网信部门及时了解网信企业发展过程中遇到的难题，加大惠企政策宣贯力度，确保各项政策措施落地见效。

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