Core Viewpoint - The release of the "Internet Platform Antitrust Compliance Guidelines" by the State Administration for Market Regulation is a significant step in refining antitrust compliance rules for internet platforms, providing clearer guidance for platform operators, although it is not mandatory [1][2]. Summary by Sections Antitrust Compliance Guidelines - The guidelines consist of five chapters and 38 articles, focusing on identifying antitrust risks, risk management, and compliance mechanisms for internet platforms [1][2]. - They aim to provide general guidance for platform operators on antitrust compliance, emphasizing the need for thorough investigation and analysis to determine whether actions constitute prohibited monopolistic behavior under antitrust laws [1][2]. Responsibilities of Platform Operators - Platform operators are identified as the primary responsible parties for antitrust compliance, required to adhere to principles of targeted, comprehensive, penetrating, and continuous compliance management [2]. - The guidelines delineate four categories of antitrust risks, including monopolistic agreements, abuse of market dominance, concentration of operators, and abuse of administrative power to exclude or restrict competition, establishing clear boundaries for platform operators [2][3]. New Types of Antitrust Risks - The guidelines enumerate eight new types of antitrust risks, such as algorithmic collusion, unfair high pricing, and "choose one from two" practices, translating core provisions of the Antitrust Law into identifiable behavioral boundaries [3][4]. - For instance, the "choose one from two" practice involves dominant platform operators coercing partners to choose between their platform and competitors, potentially harming market competition [3]. Impact on Consumers - The guidelines are significant for consumers as they regulate new pricing competition behaviors like "lowest price on the internet," addressing concerns over harmful competition and supporting consumer rights such as the right to fair trading and informed decision-making [5]. - The guidelines mark a shift in regulatory approach from post-event punishment to a comprehensive governance model that includes prevention, control, and rectification, enhancing the transparency and predictability of the market [5].
这项事关平台反垄断的合规指引,虽不具强制性但意义重大
Jing Ji Guan Cha Bao·2026-02-15 03:42