合规指引是合作治理新尝试
Di Yi Cai Jing Zi Xun·2025-11-16 15:55

Core Viewpoint - The article discusses the recent draft of the "Internet Platform Antitrust Compliance Guidelines" aimed at guiding platform operators to prevent antitrust compliance risks and promote fair competition in the platform economy [2][3]. Group 1: Purpose and Importance of the Guidelines - The Compliance Guidelines are designed to support platform operators in establishing effective antitrust compliance management mechanisms and protecting the legitimate rights of relevant parties [2]. - The guidelines reflect the sensitivity and adaptability of domestic antitrust authorities to new market conditions and models, addressing the complexities introduced by the rapid development of the platform economy [2][3]. Group 2: Challenges in Antitrust Compliance - The platform economy faces new antitrust compliance anxieties, including algorithm collusion, abuse of market dominance, and unfair pricing practices, which can infringe on the legitimate rights of others and disrupt fair competition [3][4]. - Identifying and assessing the compliance boundaries of potentially monopolistic behaviors is a key concern for all parties involved in the platform economy [3][4]. Group 3: Cooperative Governance Approach - The Compliance Guidelines represent a beneficial attempt at cooperative governance, signaling that regulators and platform participants share a common goal of seeking fair competition [4][6]. - This approach aims to improve perceptions of regulation as a facilitator of order rather than a mere restriction on participants' freedoms [4][6]. Group 4: Addressing the Rights of Weaker Parties - A significant issue in antitrust activities is the inadequate protection of the legitimate rights of weaker parties, which often face high costs in defending their rights and lack effective channels for legal recourse [5]. - The cooperative governance model seeks to enhance the protection of weaker parties' rights and establish mechanisms for low-cost rights protection and expression [5]. Group 5: Implementation and Communication - The Compliance Guidelines utilize non-coercive directives to foster cooperation between regulators and those being regulated, establishing an effective communication mechanism for governance improvement [6].