- In 2020, Alibaba Group Holding Ltd (NYSE:BABA) prepared for the record-breaking IPO of its affiliate, Ant Group, poised to revolutionize financial technology.
- Just days before the launch, regulators revealed that Ant had bypassed key banking laws to expand its services.
- The IPO, valued at $35 billion, was abruptly suspended, causing Alibaba's stock to plummet 13% in a single day.
- Shortly after, the State Administration for Market Regulation launched an antitrust investigation into Alibaba's monopolistic practices.
- Investors alleged that Alibaba misled them about regulatory risks tied to Ant Group, its ownership structure, and lending activities.
- Alibaba has agreed to a $433.5 million settlement with investors to resolve these claims. Affected investors can now file a claim to receive their payouts.
Overview
In July 2020, Ant Group announced plans for a record-breaking $35 billion IPO, poised to drive significant growth for Alibaba Group Holding Ltd (NYSE:BABA), which held a 33% stake. However, regulatory concerns over Ant's business model, ownership structure, and compliance with new fintech rules led to the IPO's abrupt suspension in November, just days before its launch. The fallout caused Alibaba's shares to plummet, erasing billions in market value, and triggered an antitrust investigation into its monopolistic "Choose One of Two" practices. In response, investors filed a class-action lawsuit, accusing Alibaba of failing to disclose critical regulatory risks. Recently, Alibaba agreed to pay $433.5 million to affected shareholders to settle this lawsuit.
SAMR's Crackdown on Alibaba: Legal and Regulatory Implications
As Alibaba's market dominance and access to vast consumer data grew, the Chinese government expressed rising concerns about its economic impact. In response, the SAMR introduced new anti-monopoly regulations on September 1, 2019, targeting practices by powerful companies like Alibaba.
On November 5, SAMR convened a meeting with around twenty major e-commerce firms, warning that practices like "Choose One of Two" were illegal and must stop.
While Alibaba did not deny using such practices, it dismissed the criticism as "slander" and "malicious hype" in a press statement. Under growing regulatory pressure, however, the company eventually committed to compliance, acknowledging potential scrutiny for future violations.
Despite the clear warnings, Alibaba continued its anti-competitive behavior. In November 2020, the government introduced new regulations specifically targeting monopolistic behavior in the internet industry, with Alibaba as a primary focus.
This announcement triggered a sharp 9% drop in Alibaba's share price on November 10, 2020. By December, SAMR launched a formal investigation, which ultimately found Alibaba guilty and resulted in a record $2.8 billion fine.
Political Risk and the Hidden Investors Behind Ant’s IPO
Ant Group was spun off from Alibaba in 2011. Jack Ma controlled 50.5% of Ant's shares, while Alibaba held a 33% stake.
On July 20, 2020, Alibaba announced Ant’s IPO, aiming to raise a record $35 billion with a $300 billion valuation, sparking excitement among investors, as Alibaba's stake could be worth over $100 billion.
However, the enthusiasm was short-lived, as the company revealed in November 2020 that the IPO had been abruptly suspended.
The suspension was largely driven by Ant's attempt to bypass financial regulations. Although operating as a financial services company, Ant positioned itself as a tech firm to avoid traditional banking rules. Its high-risk lending activities, with leverage ratios of 50-60 times, raised serious concerns among regulators. In response, China introduced new rules in September 2020, requiring financial holding companies like Ant to maintain higher capital levels, further intensifying scrutiny. Jack Ma's criticism of regulators in an October speech further fueled tensions.
Another major risk to the IPO was the hidden identities of private investors whose interests conflicted with those of Chinese President. These investors concealed their ownership through complex and opaque investment structures. Jack Ma was reportedly aware of the political risks tied to these undisclosed ownership interests but failed to address them transparently. When the Chinese government uncovered the identities of these investors during an investigation prior to the Ant IPO, it decided to halt the offering entirely.
As a result of the undisclosed information, the share price of Alibaba dropped from $310 on November 2, 2020, to $222 on December 24, 2020, indicating a total fall of 29%.
Following these events, investors accused Alibaba of failing to disclose the regulatory risks tied to Ant Group and its monopolistic practices, leading to a lawsuit against the company.
Resolving the Case
To resolve the lawsuit from investors, Alibaba has agreed to a cash settlement of $433.5 million. If you invested in Alibaba, you may be eligible to claim a portion of this settlement to recover your losses.
Despite these efforts, Alibaba’s stock remains below its peak, trading at $85.
In August 2024, China's market regulator announced that Alibaba had completed three years of "rectification" for monopolistic behavior. Alibaba called the announcement a "new starting point for development" and pledged to continue fostering the healthy growth of the platform economy.
