“Beijing basically doesn’t want to set a precedent where the U.S. can be allowed to unilaterally flex in this way,” said Kendra Schaefer, head of digital research at the Trivium consultancy in Beijing. “Having some role to play in the decision balances things out a bit.”
Over the weekend, Oracle
Corp. and Walmart Inc. agreed to take 20% of a new U.S.-based entity called TikTok
Global that would ringfence the app’s international
operations and data, said to be worth up to $60 billion. ByteDance
Ltd. appeared to get most of what it wanted, including getting to keep the valuable artificial intelligence algorithms for its short-video app.
That appeared to appease both Donald Trump, who declared victory and called off a ban on TikTok, as well as China’s most nationalistic media. Hu Xijin, the influential editor-in-chief of the Party-run Global Times, said the deal was “still unfair but it avoids the worst result.”
Read more: The Math Doesn’t Add Up on TikTok’s Deal With Oracle
By Monday, signs of trouble emerged. ByteDance
asserted that it would remain in control of TikTok
Global, appearing to contradict Trump’s earlier comments about how Americans would direct the new entity. Oracle
issued a statement backing Trump’s view, and the American president warned he could still torpedo a deal if U.S. parties didn’t have a majority hold.
“They will have nothing to do with it, and if they do, we just won’t make the deal,” Trump said, referring to ByteDance, which owns TikTok. “It’s going to be controlled, totally controlled by Oracle, and I guess they’re going public and they’re buying out the rest of it -- they’re buying out a lot, and if we find that they don’t have total control then we’re not going to approve the deal.”
On Wednesday, two of China’s most prominent state-backed media mouthpieces denounced the deal.
“What the United States has done to TikTok is almost the same as a gangster forcing an unreasonable and unfair business deal on a legitimate company,” the state-run China Daily wrote in a Wednesday opinion piece. Hu from the Global Times tweeted that Beijing likely wouldn’t approve the current agreement as it endangered China’s national security.
Read more: Oracle Deal for TikTok in Doubt After Trump, China Remarks
The saga has sparked “complete disbelief” among Chinese leaders, said Gao Zhikai, a former diplomat and translator for late leader Deng Xiaoping who is now chair professor at Soochow University. “China wants to emphasize that the Chinese companies’ legitimate rights cannot be violated without consequences.”
On Wednesday in the U.S., ByteDance
asked a federal judge to stop Trump from implementing a ban on TikTok that is scheduled to begin this weekend.
It’s unheard of for the major parties to a mega-deal to diverge so drastically on its basic contours. While Trump has yet to give his final sign-off and the deal therefore remains in flux, Beijing will intervene if it feels ByteDance risks giving up too much, Trivium said in a Tuesday note.
How exactly that would happen is unclear. The Commerce Ministry or the Ministry of Science and Technology could step in if they have concerns over technology transfer. Several others could get involved for antitrust issues. And reservations around national security could involve any body from the State Council or cabinet on down.
“The decision could be well out of the hands of the Ministry of Commerce and decided by top leadership from both sides,” said Xu Ke, a law professor at the University of International
Business and Economics. “The TikTok case needs to be seen in the context of the trade war, tech decoupling and wider competition on technology between China and the U.S.”
While Treasury Secretary Steven Mnuchin remains confident that Trump will sign off on the transaction, U.S. national security officials are raising concerns that the data of American TikTok users would remain with a Chinese company, Bloomberg reported. TikTok’s algorithm could also potentially still be used to influence public opinion -- particularly ahead of the Nov. 3 elections.
China is getting ready to hit back. The Commerce Ministry on Saturday said it could restrict trade, investment and visas for companies
on an “unreliable entity list” without naming anyone specifically.
How Blacklisting ‘Entities’ Became a Trade War Weapon: QuickTake
It’s still possible a deal gets done. ByteDance has made clear its AI technology remains in Chinese hands, while TikTok’s data on more than 100 million Americans will be stored by Oracle on U.S. servers.
Now it appears to be more a question of the political feasibility, both for Trump and Xi.
China’s leaders “don’t want to play in favor of Trump for nothing,” said Ding Chenling, a tech entrepreneur who said he has known ByteDance founder Zhang Yiming for over five years. “That will also anger nationalists in China.”
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