Antitrust Regulation of Forced Exclusivity in China’s Food-Delivery Platform Sector: A Case Study of Sherpa’s Abuse of Dominance

Abstract

The food-delivery economy has expanded rapidly with the development of platform-based services. Amid intensifying market competition, major platforms have engaged in disorderly and exclusionary practices driven by competitive pressure and profit-seeking, with adverse consequences for both merchants and consumers. Existing research in this field has rarely examined practical enforcement issues through case-based analysis. The Sherpa’s Case is a pioneering precedent in China’s anti-monopoly enforcement, comprehensively illustrating the typical analytical process of “defining the relevant market—determining dominant market position—identifying abusive conduct—analyzing competitive effects.” Taking this case as a starting point, this paper first clarifies the characterization of “Er xuan yi,” literally “choose one of two,” in food-delivery platforms: in antitrust terms, it is better understood as platform-imposed forced exclusivity, while its legal characterization is closer to exclusive dealing or restrictive trading. It then analyzes China’s current regulatory framework and practical challenges, and finally draws on comparative experience to propose pathways for improvement, with the aim of promoting more effective regulation and enforcement against forced exclusivity in China’s food-delivery platform sector.