英语新闻丨英伟达被查合法合理

No one should question China's resolve to continue to promote high-quality opening-up through the rule of law. It is mainly thanks to the consistent legislative efforts China has made over the years to safeguard the legitimate rights and interests of foreign enterprises that the country has turned itself into one of the world's top destinations for foreign direct investment.任何人都不应质疑中国继续用法治推进高质量开放的决心。中国发展成为全球外商直接投资首选地之一，得益于多年来中国不断通过立法维护在华外企合法权益。Those who want to use the antitrust probe the Chinese authorities have launched into US chipmaker Nvidia as a pretext to point an accusing finger at China for allegedly politicizing the business environment for foreign companies are not only turning a blind eye to the facts of the case, but also taking a double standard when it comes to antitrust scrutiny.那些想以中国当局对美国芯片企业英伟达发起反垄断调查为借口，指责中国涉嫌将外国公司的商业环境政治化的人，不仅无视了事实，还在反垄断调查上持双重标准。The investigation that China's top market regulator initiated on Monday into Nvidia for suspected monopolistic behaviors has caught a lot of media attention given the high-profile position the company holds as the world's leading chip producer and a key player driving the artificial intelligence revolution.12月9日，中国国家市场监管总局对英伟达涉嫌垄断行为的调查引起了媒体的广泛关注。英伟达作为全球芯片行业巨头，在推动全球AI革命中扮演着关键角色。While much of the Western media have portrayed the probe as a tactical move in the Sino-US trade war ahead of the new US administration taking office or tried to link it with what they hype up as intensified geopolitical rivalry focused on a battle for AI dominance between the two countries, the actual reason is more prosaic. According to the State Administration for Market Regulation, Nvidia is suspected of violating China's Anti-Monopoly Law, as well as the commitments it made in 2020 after it acquired Israeli chip manufacturer Mellanox Technologies in 2019.多家西方媒体报道称，在美国新政府上台前对英伟达展开调查，是中国对中美贸易战采取的一项战术性措施；还有媒体试图对此进行炒作，称调查与中美两国争夺AI发展主导权而导致地缘竞争日渐激烈有关。然而，真正原因很简单：据中国国家市场监管总局，英伟达涉嫌违反《反垄断法》及其于2020年完成收购以色列芯片企业迈络思科技时的承诺。The merger further strengthened Nvidia's market dominance in the semiconductor field, which might have the effect of excluding or restricting competition in the global and Chinese markets for GPU accelerator, dedicated network interconnection equipment and high-speed Ethernet adapter. Nvidia therefore submitted to China some measures to resolve the competition problems making clear commitments, including that it should continue to supply Nvidia GPU accelerators, Mellanox high-speed network interconnection equipment and related software and accessories to the Chinese market after the deal, based on "fair, reasonable and nondiscriminatory principles". After that, China approved the transaction.英伟达收购迈络思，进一步巩固了英伟达在半导体行业的领导地位。此项集中对全球及中国GPU加速器、专用网络互联设备、高速以太网适配器市场，具有或可能具有排除、限制竞争效果。为此，英伟达提交了解决该交易带来竞争问题的措施，作出了明确承诺，其中就包括交易双方和集中后实体“应依据公平、合理、无歧视原则”向中国市场继续供应英伟达GPU加速器、迈络思高速网络互联设备和相关软件、配件。经评估，中国国家市场监管总局批准了该交易。Yet, Nvidia has stopped supplying a number of GPU accelerator products to China in recent years on the grounds of the US government's export controls. This action has infringed upon the legitimate rights and interests of relevant Chinese enterprises. Therefore, it is not surprising that Nvidia is under investigation for allegedly violating antitrust laws. Article 46 of the Anti-Monopoly Law stipulates that antitrust enforcement agencies are authorized to investigate and take action against suspected monopolistic behaviors. Effectively implementing the conditions attached to the merger approval is both a proactive commitment from Nvidia and a legal obligation.但近年来，英伟达以美国政府不断扩大半导体出口管制为由，陆续停止了多款GPU加速器产品对中国的供应，侵害了中国相关企业合法权益。英伟达涉嫌违反《反垄断法》规定，对其立案调查也在意料之中。《反垄断法》第四十六条规定，反垄断执法机构依法对涉嫌垄断行为进行调查。有效执行审查决定附加的限制性条件，既是英伟达的主动承诺，也成为了其法定义务。In fact, Nvidia is also facing an antitrust investigation in the United States, as the Justice Department is looking into claims that Nvidia is potentially cornering the market and pressuring its customers to unfairly retain business. That includes allegations of Nvidia threatening to punish those who buy products from both itself and its competitors at the same time. The European Union's antitrust regulators are also investigating Nvidia for possible unfair sales practices.事实上，英伟达在美国也面临反垄断调查。美国司法部正对英伟达展开了反垄断调查，评估英伟达是否垄断市场，阻止客户使用竞品。有指控称，英伟达威胁客户，若同时从英伟达及其竞争对手购入商品，将受到惩罚。同时，欧盟反垄断监管机构也在调查英伟达可能存在的不公平销售行为。That Nvidia has so far responded in a low-key way—saying only "we are happy to answer any questions regulators may have about our business"—points to the confidence it has in China's legal environment. Actually, the company has taken China as one of its key global markets, with about 16 percent of its revenue coming from the country, second only to its US-generated revenue, according to data firm FactSet. Nvidia's Chief Executive Officer Jensen Huang has called China "a very important market for the technology industry", and warned there would be "enormous damage" to the US companies if they were unable to trade with China.迄今，英伟达低调回应此次反垄断调查，表示：“我们很乐意回答监管机构对我们业务提出的任何疑问”，显示出对中国法治化营商环境的信心。实际上，英伟达已将中国视为其重要国际市场之一，据FactSet的数据显示，英伟达约16%的收入来自中国，仅次于美国。英伟达CEO黄仁勋曾表示，中国市场“对科技产业非常重要”，并警告称，若无法与中国贸易，美国企业将遭受“巨大损失”。China has made it one of its top priorities to attract and use foreign investment. That it attracted 1.13 trillion yuan ($158.7 billion) in foreign investment in 2023, the third-highest in history, as compared with 941.52 billion yuan in 2019, is an indication that the country still enjoys strong competitiveness in the global investment market.中国把吸引和利用外资作为政策重点之一。2023年，中国实际使用外资金额为1.13万亿元人民币（约1587亿美元），处于历史第三高，与2019年的9415.2亿元相比，表明中国在全球投资市场上仍享有强大竞争力。Contrary to any attempts to use the Nvidia investigation as a means to discredit China's efforts to create a level playing field for foreign businesses, the probe shows that China's business environment operates under the law. As it has affirmed on many occasions, the country will continue to develop a market-oriented, legalized and internationalized first-class business environment in which foreign companies can enter the Chinese market and share the country's development dividends.对英伟达展开反垄断调查，不仅不能抹煞中国为在华外企营造公平竞争环境的努力，反而凸显出中国法治化的营商环境。正如中国在各种场合多次重申的那样，中国将继续营造市场化、法治化、国际化一流营商环境，欢迎外企来华，共享中国发展红利。prosaicadj.乏味的;平淡无奇的hypen.（新闻媒体的）大肆宣传，炒作dividendn.红利，股息