建立平台反垄断的“免疫系统” 构建数字竞争新优势 ——《互联网平台反垄断合规指引 （征求意见稿）》解读

Core Viewpoint - The article discusses the significance of the "Internet Platform Antitrust Compliance Guidelines" in promoting fair competition and preventing monopolistic behaviors within the digital economy, emphasizing the need for compliance among platform operators to protect the interests of various stakeholders [2][13]. Group 1: Importance of Compliance - The compliance of platform operators is crucial to prevent violations of the Antitrust Law, which is essential for maintaining the legitimate rights of stakeholders and promoting the healthy development of the platform economy [2][5]. - The complexity of antitrust compliance for internet platforms arises from their dual-market nature, leading to higher compliance costs and the need for tailored compliance frameworks [2][3]. Group 2: Guidelines Overview - The "Guidelines" establish a compliance framework that includes risk identification, risk management, and compliance assurance, aiming to create an "immune system" for platform operators to prevent monopolistic risks [2][3]. - The Guidelines incorporate both deductive and inductive reasoning, focusing on typical scenarios where antitrust compliance risks may arise, thus providing a clearer understanding for platform operators [4][7]. Group 3: Risk Management and Compliance Mechanisms - The Guidelines outline a structured approach to risk management, emphasizing the need for platforms to conduct risk assessments and implement preventive measures across all business processes [8][9]. - Specific risk management responsibilities are detailed, including the need for platforms to establish compliance management institutions and utilize information technology to integrate compliance into daily operations [9][10]. Group 4: Internal Measures and Innovation - The article highlights the importance of regular platform rule reviews and algorithm screenings as essential internal compliance measures to mitigate antitrust risks [11][12]. - The Guidelines encourage platforms to proactively address potential monopolistic behaviors through transparent and fair algorithm practices, ensuring compliance with competition principles [12]. Group 5: Contribution to Global Governance - The Guidelines contribute to global discussions on digital competition governance by addressing common concerns regarding new forms of monopolistic risks, showcasing China's approach to platform regulation [4][13]. - By providing actionable compliance guidance, the Guidelines aim to enhance the international competitiveness of China's digital economy while promoting fair competition within the market [13].