Alibaba Group Holding Ltd 6-K, filed Apr 12, 2021
Alibaba Group Holding Ltd (BABA)
About this 6-K
Alibaba Group Holding Ltd filed this 6-K on April 12, 2021.
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
Report of Foreign Private Issuer
Pursuant to Rule 13a-16 or 15d-16 of
the Securities Exchange Act of 1934
April 12, 2021
Commission File Number: 001-36614
Alibaba Group Holding Limited
(Registrant’s name)
26/F Tower One, Times Square
1 Matheson Street
Causeway Bay
Hong Kong
(Address of principal executive offices)
Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F:
Form 20-F x Form 40-F o
Indicate by check mark if the registrant is submitting the Form 6-K on paper as permitted by Regulation S-T Rule 101(b)(1): o
Indicate by check mark if the registrant is submitting the Form 6-K on paper as permitted by Regulation S-T Rule 101(b)(7): o
EXHIBITS
Exhibit 99.1 — Announcement — Administrative Penalty Decision of Anti-Monopoly Investigation
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
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ALIBABA GROUP HOLDING LIMITED | |
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Date: April 12, 2021 |
By: |
/s/ Kevin Jinwei ZHANG |
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Name: |
Kevin Jinwei ZHANG |
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Title: |
Company Secretary |
Administrative Penalty Decision of Anti-Monopoly Investigation
On December 24, 2020, Alibaba Group Holding Limited (NYSE: BABA and HKEX: 9988, “Alibaba Group” or 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 April 10, 2021, the SAMR issued an Administrative Penalty Decision (the “Decision”) of the Anti-Monopoly Investigation into Alibaba Group.
In the Decision, the SAMR found that Alibaba Group 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 states that a business operator that has a dominant market position is prohibited from restricting business counterparties through exclusive arrangements without justifiable cause.
Pursuant to Articles 47 and 49 of the Anti-Monopoly Law, the SAMR ordered Alibaba Group to cease violating acts and imposed on Alibaba Group a fine of RMB18.228 billion (approximately US$2.8 billion), or 4% of Alibaba Group’s revenue of RMB455.712 billion (approximately US$69.6 billion) generated in the calendar year of 2019 in China. The SAMR also issued an administrative guidance, instructing Alibaba Group to implement a comprehensive program of rectification, through strictly fulfilling its responsibility as a platform operator, strengthening its internal controls and compliance, upholding fair competition, and protecting the lawful rights and interests of the platform’s merchants and consumers. The administrative guidance requires Alibaba Group to submit a self-assessment and compliance report to the SAMR for three consecutive years.
We accept the penalty with sincerity and will ensure our compliance with determination. To serve our responsibility to society, we will operate in accordance with the law with utmost diligence, continue to strengthen our compliance systems and build on growth through innovation.
April 11, 2021
Note: In this announcement, all translations of RMB into US$ were made at RMB6.5518 to US$1.00, the exchange rate on March 31, 2021 as set forth in the H.10 statistical release of the Federal Reserve Board.