警示八大风险!刚刚,市场监管总局重磅发布!
券商中国·2025-11-14 23:38

Core Viewpoint - The article discusses the draft of the "Antitrust Compliance Guidelines for Internet Platforms" aimed at promoting fair competition and innovation within the platform economy, while providing a framework for platform operators to identify and mitigate antitrust compliance risks [1][2]. Summary by Sections Purpose and Nature of the Guidelines - The guidelines are designed to foster innovation and healthy development in the platform economy by ensuring a fair competitive environment [2]. - They serve as non-binding compliance guidelines to help platform operators reduce uncertainty costs and proactively manage antitrust risks [2]. Identifying Antitrust Agreement Risks - Platform operators are advised to avoid reaching antitrust agreements during service provision or self-operated business activities [3]. - A basic analytical framework is provided to help operators assess whether their actions fall under prohibited antitrust behaviors [3]. - Specific behaviors that may constitute horizontal or vertical antitrust agreements are detailed, along with examples to aid in risk identification [3]. Identifying Abuse of Market Dominance Risks - Operators with significant market power should regularly evaluate their market position to avoid engaging in abusive practices [4][5]. - The guidelines outline factors to consider when determining market dominance, including market share and competitive conditions [5]. - Examples of abusive behaviors, such as unfair pricing and refusal to deal, are provided to clarify compliance expectations [5]. Risk Examples - Eight specific antitrust risk scenarios are outlined, including algorithm collusion and unfair pricing practices, to help operators recognize potential compliance issues [6]. - These examples cover various operational aspects such as data transmission and service pricing, encouraging proactive risk assessments [6]. Strengthening Antitrust Compliance Risk Management - The guidelines encourage operators to establish a comprehensive risk management system that includes risk assessment, reminders, and prevention strategies [7][8]. - Operators are advised to conduct regular reviews of platform rules and algorithms to ensure compliance [8]. - Cooperation with antitrust investigations and timely submission of compliance rectification plans are emphasized [8]. Establishing Compliance Assurance Mechanisms - Operators are encouraged to create dedicated antitrust compliance management bodies and ensure they are adequately resourced [10]. - A closed-loop risk management mechanism is recommended, incorporating compliance reporting, training, and supervision [10].