“全网最低价”，可能构成垄断协议行为！

Core Viewpoint - The recently released "Antitrust Compliance Guidelines for Internet Platforms (Draft for Comments)" introduces eight new types of monopoly risks, providing practical compliance guidance for platform enterprises [1][2] Group 1: Purpose and Context - The purpose of the guidelines is to guide platform enterprises in enhancing risk identification, risk management, and compliance assurance to effectively prevent antitrust compliance risks and promote the innovative and healthy development of the platform economy [1] - The platform economy in China has developed rapidly, characterized by significant scale effects and network effects, leading to a "winner-takes-all" scenario where leading platform enterprises can easily engage in cross-industry competition and rapid expansion [1] Group 2: Key Risks and Compliance Guidance - The guidelines adopt a problem-oriented approach, combining specific rules with eight risk examples to provide practical compliance guidance for platform enterprises [2] - The guidelines highlight that platform enterprises with market dominance should avoid implementing "choose one from two" practices through punitive or incentivizing measures, based on enforcement experiences [2] - The guidelines warn that requiring merchants on platforms to sell goods at prices lower than those on competing platforms may constitute abuse of market dominance or monopolistic agreements [2] - The guidelines emphasize the importance of transparency in algorithms, identifying "algorithm collusion" as a risk, and encourage platform enterprises to conduct algorithm screening to prevent monopolistic behaviors from the source [2] Group 3: Regulatory Approach - The regulatory approach aims to balance regulation and development, accelerating the introduction of the guidelines, strengthening antitrust enforcement in the platform economy, and fostering a positive competitive ecosystem while protecting the legitimate rights and interests of relevant parties [2]