警示八大风险！市场监管总局重磅发布！

Core Viewpoint - The State Administration for Market Regulation has drafted the "Antitrust Compliance Guidelines for Internet Platforms (Draft for Comments)" to solicit public opinions, aiming to help platform operators identify and manage antitrust compliance risks effectively [1][2]. Group 1: Purpose and Nature of the Guidelines - The guidelines aim to promote innovation and healthy development in the platform economy by fostering a fair competitive market environment [2]. - The guidelines are non-binding and serve as a general reference for antitrust compliance, helping to reduce uncertainty costs for platform operators [2]. - The guidelines focus on enhancing the specificity and effectiveness of antitrust compliance management by summarizing regulatory enforcement experiences and identifying new types of monopolistic risks in eight scenarios [2][6]. Group 2: Identifying Monopolistic Agreement Risks - Platform operators are advised to avoid reaching monopolistic agreements during service provision or self-operated business activities [3]. - A basic analytical framework is provided for identifying monopolistic agreement risks, including assessing whether behaviors fall under prohibited conditions of the Antitrust Law [3][4]. - Specific behaviors that may constitute monopolistic agreements are detailed, guiding operators to prevent such risks [3]. Group 3: Identifying Abuse of Market Dominance Risks - Operators with significant market power should regularly assess their market dominance and avoid engaging in abusive behaviors [4][5]. - The guidelines outline factors to consider when determining market dominance, such as market share, competitive conditions, and dependency of other operators [5]. - Examples of abusive behaviors are provided, including unfair pricing and refusal to deal, to help operators understand and avoid such risks [5]. Group 4: Risk Management and Compliance - The guidelines encourage operators to establish a comprehensive risk management system, including risk assessment, reminders, prevention, and compliance rectification [7][9]. - Operators are advised to conduct risk assessments based on industry characteristics and market conditions, implementing a tiered management approach [7]. - The guidelines emphasize the importance of reviewing platform rules and algorithms to ensure compliance and mitigate risks [8]. Group 5: Establishing Compliance Mechanisms - Operators are encouraged to set up dedicated antitrust compliance management institutions and ensure effective implementation of compliance measures [9]. - The guidelines suggest creating a closed-loop risk management mechanism, including compliance reporting, training, and supervision [9].