《互联网平台反垄断合规指引》发布 鼓励平台经营者主动开展风险评估自查

Core Viewpoint - The article discusses the introduction of the "Internet Platform Antitrust Compliance Guidelines" to support platform operators in managing antitrust compliance risks and promoting fair competition in the market [1][7]. Group 1: Guidelines Overview - The "Guidelines" consist of five chapters and 38 articles, addressing the identification of antitrust risks, risk management, and compliance assurance mechanisms for internet platforms [2]. - The guidelines encourage platform operators to proactively conduct risk assessments and self-inspections to avoid antitrust compliance risks [5][6]. Group 2: Risk Examples - The guidelines list eight risk examples, including algorithm collusion, assisting platform operators in reaching monopoly agreements, unfair high pricing, below-cost sales, blocking or shielding, "choose one from two" behavior, "lowest price on the entire network," and differential treatment by platforms [4]. - The "choose one from two" behavior is defined as a dominant platform operator abusing its market position to force trading partners to choose between its platform and competitors, using punitive or incentive measures to enforce this behavior [4]. - Unfair high pricing is defined as a dominant platform operator exploiting its position to charge excessively high fees to platform operators, harming their interests [4]. Group 3: Compliance Management Measures - The guidelines propose effective measures for managing antitrust compliance risks, including risk assessment by industry, necessary actions based on risk levels, and risk reminders based on personnel positions [6]. - Recommendations include comprehensive risk prevention throughout the entire process, conducting platform rule reviews, algorithm screenings, and cooperating with investigations and compliance rectifications [6]. Group 4: Compliance Assurance Mechanism - The guidelines establish a compliance assurance mechanism, outlining the establishment and functions of antitrust compliance management institutions [6]. - Platform operators are encouraged to develop a closed-loop risk management mechanism, including compliance reporting, training, assessment, supervision, and information management [6]. Group 5: Market Context - The State Administration for Market Regulation notes the rapid development of the platform economy in China, which plays a significant role in resource allocation efficiency, technological innovation, and economic development [6]. - The unique competitive characteristics and patterns of internet platforms differ from traditional sectors, necessitating clearer guidelines for identifying antitrust risks and understanding behavioral boundaries [7].