反垄断新规明晰边界 平台迈向主动合规

Core Viewpoint - The release of the "Antitrust Compliance Guidelines for Internet Platforms" by the State Administration for Market Regulation marks a significant step in regulating the platform economy, aiming to balance compliance and innovation in a rapidly evolving market [1][5]. Summary by Sections Section 1: Importance of Antitrust Compliance - The platform economy is crucial for high-quality economic growth and social governance in China, necessitating robust antitrust compliance to maintain fair market competition [1]. - The guidelines serve as a technical experiment in governance, aiming to create a multi-layered compliance framework that helps platforms establish self-regulatory mechanisms [1]. Section 2: Risk Identification and Management - The guidelines introduce a risk identification framework that includes eight typical risk scenarios related to core platform operations, such as data transmission and algorithm application [2]. - Specific examples, like the requirement for platforms to ensure competitive pricing, clarify compliance boundaries and reduce legal uncertainties [2]. Section 3: Internal Governance Framework - The guidelines promote a shift from passive compliance to active responsibility among platforms, emphasizing the need for a systematic internal governance framework [3]. - Key elements include defining clear responsibilities for senior management and establishing a closed-loop compliance management process that encompasses risk identification and continuous training [3]. Section 4: Integration of Governance and Compliance - When platforms integrate the governance framework into their organizational structure, compliance evolves into a strategic asset that enhances operational efficiency and mitigates systemic risks [4]. - This integration fosters a collaborative governance model that aligns internal governance with external regulatory requirements, facilitating ongoing dialogue between regulators and market participants [4]. Section 5: Conclusion and Future Implications - The establishment of these guidelines represents a pivotal moment in China's antitrust governance for the platform economy, aiming to achieve a balance between regulation and development [5]. - The guidelines are expected to guide market expectations, encourage innovation, and support the high-quality development of the platform economy [5].