《互联网平台反垄断合规指引》发布 明确“全网最低价”等多个新型垄断风险

Core Viewpoint - The "Guidelines for Antitrust Compliance of Internet Platforms" issued by the State Administration for Market Regulation on February 13 aims to provide clearer behavioral guidelines for platform operators, marking an important innovation in the governance of platform economy in China [1][3]. Summary by Relevant Sections Antitrust Compliance Responsibilities - Platform operators are required to assume the primary responsibility for antitrust compliance, establish compliance systems, and manage compliance effectively, ensuring lawful competition and operation [1]. Identification of Antitrust Risks - The guidelines outline four categories of antitrust risks: monopoly agreements, abuse of market dominance, operator concentration, and abuse of administrative power to eliminate or restrict competition, clearly defining the "red lines" for platform operators [1]. New Types of Antitrust Risks - Eight new types of antitrust risks are identified, including algorithm collusion, assisting platform operators in reaching monopoly agreements, unfair high pricing, selling below cost, blocking or shielding, "choose one from two" practices, "lowest price on the entire network," and differential treatment by platforms [1]. Consumer Protection - The guidelines enhance the protection of consumers' rights to fair trading and informed decision-making, addressing issues like "big data price discrimination," forced choices, and price fraud, which contributes to increased market transparency and predictability [2]. Nature of the Guidelines - The guidelines are non-binding specialized antitrust compliance directives, representing a shift in regulatory approach from "post-event punishment" to "preventive measures, in-process control, and post-event rectification" [3]. Professional Guidance - The guidelines translate core provisions of antitrust law into understandable and operable behavioral standards for platforms, respecting their autonomy while guiding them to conduct self-inspections through clear risk alerts, complementing rigid enforcement of antitrust laws [3].