互联网平台反垄断合规指引征求意见 权威解读来了

Core Viewpoint - The article discusses the introduction of the "Internet Platform Antitrust Compliance Guidelines (Draft for Comments)" aimed at guiding platform operators in China to effectively prevent antitrust compliance risks and promote healthy development of the platform economy [1][2]. Background of the Guidelines - The guidelines are a response to the decisions made at the 20th National Congress of the Communist Party of China, emphasizing the need for a fair competitive market environment and the establishment of a regular regulatory system for the platform economy [1][2]. - The guidelines aim to enhance the antitrust compliance level of platform operators and stimulate their internal motivation and innovative capabilities [1][2]. Features of the Guidelines - The guidelines are designed to promote innovation and healthy development within the platform economy by providing clear behavioral guidelines for platform operators [3][4]. - They are non-mandatory and serve as general guidance for antitrust compliance, helping to reduce uncertainty costs for platform operators [3][4]. Principles for Antitrust Compliance Management - The guidelines outline four principles for platform operators: 1. Targeted principle: Identify and assess compliance risks based on industry and business model [5][6]. 2. Comprehensive principle: Ensure full coverage of compliance across all business areas and departments [5][6]. 3. Penetrative principle: Establish a thorough compliance management system across all levels of the organization [5][6]. 4. Continuous principle: Maintain an effective compliance management system and regularly evaluate compliance status [5][6]. Identifying Antitrust Agreement Risks - The guidelines provide a framework for platform operators to identify risks associated with antitrust agreements, including specific behaviors that may constitute horizontal or vertical agreements [7][8]. - Examples of antitrust agreement risks are provided to assist platform operators in recognizing potential compliance issues [7][8]. Identifying Abuse of Market Dominance Risks - The guidelines emphasize the need for platform operators to regularly assess their market position and avoid behaviors that may constitute abuse of market dominance [8][9]. - Specific behaviors that may indicate abuse of market dominance are detailed, along with factors to consider when determining market dominance [8][9]. Risk Management Framework - The guidelines encourage platform operators to establish a comprehensive risk management system that includes risk assessment, reminders, prevention, and compliance rectification [12][13]. - Specific areas for review include platform rules and algorithms, with recommendations for ongoing monitoring and adjustment [12][13]. Importance of the Guidelines - The guidelines aim to optimize the competitive ecosystem by fostering a culture of fair competition and encouraging collaboration among platform operators [15]. - They are expected to enhance innovation capabilities and help platform operators gain recognition in a dynamic market environment [15].