《互联网平台反垄断合规指引》发布:列明“全网最低价”等风险示例
Guan Cha Zhe Wang·2026-02-13 08:38

Group 1 - The core viewpoint of the news is the introduction of the "Antitrust Guidelines for Public Utilities" by the State Administration for Market Regulation to strengthen antitrust measures in the public utility sector and ensure fair competition [1][2] - The guidelines focus on four types of antitrust risks: monopoly agreements, abuse of market dominance, operator concentration, and abuse of administrative power to exclude or restrict competition [1][2] - The guidelines provide specific behavioral boundaries based on the core provisions of the Anti-Monopoly Law of the People's Republic of China, identifying new types of monopoly risks in eight scenarios relevant to platform operators [1][3] Group 2 - The significance of the guidelines lies in addressing the frequent occurrence of monopolistic behaviors in the public utility sector, which includes essential services like water, electricity, gas, and public transportation [2] - The guidelines aim to enhance the scientific, targeted, and effective nature of antitrust enforcement, while also establishing a long-term regulatory mechanism for the public utility sector [2][3] - The guidelines consist of seven chapters and 50 articles, covering general principles, monopoly agreements, abuse of market dominance, operator concentration, fair competition review, legal responsibilities, and supplementary provisions [3] Group 3 - The guidelines emphasize a problem-oriented approach, focusing on monopolistic issues in the public utility sector and providing clear definitions and considerations for various monopolistic behaviors [3] - They take into account the specific operational models and competitive characteristics of the public utility sector, making targeted provisions for market definition, dominance recognition, and behavior assessment [3][4] - The guidelines encourage compliance construction among public utility operators, promoting the establishment of antitrust compliance management systems to identify and mitigate potential legal risks [8] Group 4 - The guidelines specify the criteria for defining relevant markets in the public utility sector, considering the public, regional, and policy characteristics of these services [4] - They outline the recognition of market dominance, focusing on the operators' control over physical networks or key infrastructure as a critical factor [4][5] - The guidelines detail the recognition of monopoly agreements and abuse of market dominance, particularly in industries like bottled liquefied gas and essential utilities [5][6] Group 5 - The guidelines address the defenses that operators may use, particularly in relation to public safety and supply guarantees, and specify conditions under which monopolistic agreements may be exempted [6][7] - They highlight the scrutiny of operator concentration, especially concerning the acquisition of control over physical networks or key infrastructure, to prevent the extension of monopolistic advantages [6][7] - The guidelines also detail the recognition of behaviors that abuse administrative power to exclude or restrict competition, providing clear standards for identification [7][10] Group 6 - The guidelines support the establishment of compliance management systems among public utility operators and encourage industry associations to promote self-regulation and compliance [8][9] - They emphasize the importance of social supervision, allowing any individual or organization to report suspected monopolistic behaviors, which will be investigated by antitrust enforcement agencies [9] - The guidelines outline measures for enhancing collaborative regulation, including pre-communication with industry authorities and post-incident credit penalties for violations [10][11]

《互联网平台反垄断合规指引》发布:列明“全网最低价”等风险示例 - Reportify