市场监管总局重磅发布！事关平台经济

Core Viewpoint - The State Administration for Market Regulation (SAMR) has drafted the "Antitrust Compliance Guidelines for Internet Platforms (Draft for Comments)" to help platform operators identify, assess, and prevent antitrust compliance risks, thereby promoting fair competition and healthy development of the platform economy [1][2][3]. Group 1: Purpose and Importance of the Guidelines - The guidelines aim to support platform operators in effectively preventing antitrust compliance risks and establishing a robust compliance management system [15][18]. - They emphasize the necessity of antitrust compliance management to avoid legal liabilities and enhance brand image and competitive advantage [18]. - The guidelines are designed to foster a fair competitive environment, which is essential for the innovation and healthy development of the platform economy [3][14]. Group 2: Key Features of the Guidelines - The guidelines are problem-oriented and respond to societal expectations by providing clear behavioral directives for platform operators [3]. - They are non-mandatory and serve as general guidance for antitrust compliance, helping to reduce uncertainty costs for platform operators [3]. - The guidelines focus on enhancing the specificity and effectiveness of antitrust compliance management by summarizing new types of monopolistic risks in eight scenarios [3][4]. Group 3: Principles for Antitrust Compliance Management - The guidelines outline four key principles for antitrust compliance management: 1. Targeted Principle: Identify and assess compliance risks based on industry, business model, and governance structure [4]. 2. Comprehensive Principle: Ensure full-chain compliance covering all business areas, departments, and employees [4]. 3. Penetrative Principle: Establish a thorough compliance management system across headquarters and subsidiaries [4]. 4. Continuous Principle: Maintain an effective compliance management system and regularly evaluate compliance status [4][20]. Group 4: Risk Identification and Management - The guidelines provide a framework for identifying risks related to monopolistic agreements and abuse of market dominance [6][7]. - They detail specific behaviors that could lead to monopolistic agreements, including horizontal and vertical agreements, and provide examples of risks [6][7][9]. - The guidelines encourage platform operators to conduct risk assessments, reminders, and preventive measures to manage antitrust compliance risks effectively [10][11][12]. Group 5: Compliance Management Mechanisms - The guidelines advocate for the establishment of dedicated antitrust compliance management institutions within platform operators [13]. - They suggest implementing a closed-loop risk management mechanism that includes compliance reporting, training, assessment, and supervision [13]. - The guidelines highlight the importance of cooperation with antitrust enforcement agencies during investigations and compliance rectifications [12][64]. Group 6: Significance of Strengthening Antitrust Compliance - Strengthening antitrust compliance is crucial for optimizing the competitive ecosystem and fostering a culture of fair competition among platform operators [14]. - The guidelines aim to concentrate innovation efforts and encourage platforms to focus on high-quality innovation and participation in national strategic technological advancements [14]. - Compliance with antitrust regulations is increasingly seen as a key factor for gaining recognition and trust from consumers, employees, and investors in a dynamic market environment [14].