互联网平台反垄断合规指引发布 明确划出“二选一”等8种行为“红线”

Core Viewpoint - The Market Regulation Administration has released the "Antitrust Compliance Guidelines for Internet Platforms," which further refines antitrust compliance rules and provides clearer guidance for platform operators, aiming to promote innovation and healthy development in the platform economy [2] Group 1: Antitrust Compliance Principles - Platform operators are required to adhere to four principles: targeted, comprehensive, penetrating, and continuous in their antitrust compliance management [3] - The guidelines emphasize the importance of fair rules, ethical algorithms, and compliant competition, urging operators to take responsibility for antitrust compliance and avoid engaging in monopolistic behaviors prohibited by the Anti-Monopoly Law of the People's Republic of China [3] Group 2: Identified Monopolistic Risks - The guidelines outline four categories of monopolistic risks: monopoly agreements, abuse of market dominance, concentration of operators, and abuse of administrative power to exclude or restrict competition [4] - Eight new types of monopolistic risks specific to the platform economy are identified, including algorithm collusion between platforms, assisting platform operators in reaching monopoly agreements, unfair high pricing, below-cost sales, blocking or shielding, "choose one of two" behavior, "lowest price on the entire network," and differential treatment by platforms [4] Group 3: Specific Examples of Monopolistic Behavior - The guidelines specify that platforms with market dominance may engage in "choose one of two" behavior, coercing trading partners to choose between the dominant platform and competitors, potentially using punitive or incentivizing measures to enforce this behavior [4] - An example provided illustrates a dominant platform operator requiring internal operators to commit not to cooperate with competing platforms, imposing penalties such as reduced search rankings or product delisting for non-compliance, thereby restricting market competition [4] Group 4: Unfair Pricing Practices - The guidelines indicate that dominant platform operators may exploit their position to charge unfairly high fees to internal operators, even when costs remain stable, thereby harming the interests of these operators [5] - The guidelines also suggest effective measures for antitrust compliance risk management, including risk assessments by industry, necessary actions based on risk levels, and comprehensive risk prevention throughout the operational chain [5]