国家市场监管总局发布 《互联网平台反垄断合规指引》

Core Viewpoint - The National Market Regulatory Administration has issued the "Antitrust Compliance Guidelines for Internet Platforms," emphasizing that platform operators with market dominance must avoid abusing their position to restrict competition without justifiable reasons [1][5]. Group 1: Guidelines Overview - The guidelines aim to support platform operators in preventing antitrust compliance risks and establishing effective management systems to protect the rights of relevant parties and maintain fair market competition [5][10]. - The guidelines define key concepts such as "internet platform," "platform operator," and "antitrust compliance risk," providing a framework for understanding compliance requirements [7][8]. Group 2: Compliance Management Principles - Platform operators should adhere to principles such as targeted, comprehensive, penetrating, and continuous compliance management to effectively mitigate antitrust risks [13][14]. - The guidelines stress the importance of establishing a robust antitrust compliance management system that covers all business areas and involves all employees [15][10]. Group 3: Prohibited Practices - The guidelines outline specific practices that constitute abuse of market dominance, including exclusive cooperation clauses, restrictions on trading partners, and punitive measures such as search ranking downgrades and traffic limitations [44][46]. - Operators are advised against engaging in practices that force trading partners to choose between platforms or impose unreasonable conditions on transactions [48][50]. Group 4: Risk Identification and Management - The guidelines emphasize the need for platform operators to identify and assess risks associated with monopolistic agreements and the abuse of market dominance [16][27]. - Operators are encouraged to implement risk assessment frameworks tailored to their industry characteristics and market conditions [68][69]. Group 5: Compliance Mechanisms - The guidelines recommend establishing compliance management institutions and reporting mechanisms to ensure effective implementation of antitrust compliance measures [88][89]. - Continuous training and evaluation of compliance practices are encouraged to enhance awareness and adherence among employees [92][94].