事关水电气热等领域，公用事业领域反垄断指南出台

Core Viewpoint - The article discusses the release of the "Antitrust Guidelines for Public Utilities" by the State Council Antitrust Committee, aimed at preventing monopolistic behaviors in public utility sectors such as water, electricity, gas, heating, sewage treatment, waste management, and public transportation [1][3]. Group 1: General Principles - The purpose of the guidelines is to prevent and stop monopolistic behaviors in public utilities, guide operators in antitrust compliance, strengthen regulation of natural monopoly sectors, and protect fair market competition and consumer interests [3]. - The guidelines emphasize maintaining fair competition, scientifically regulating the sector, enhancing public welfare, and supporting high-quality development [4][5]. Group 2: Antitrust Compliance - Public utility operators are encouraged to strengthen antitrust compliance management and identify potential legal risks [5]. - Industry associations in the public utility sector should enhance antitrust compliance management and self-discipline to avoid violations of antitrust laws [5]. Group 3: Reporting and New Monopolistic Behaviors - Any individual or organization can report suspected monopolistic behaviors in the public utility sector to antitrust enforcement agencies, which must keep the whistleblower's identity confidential [6]. - Public utility operators are prohibited from using data, algorithms, technological, capital advantages, or platform rules to engage in monopolistic behaviors [6]. Group 4: Market Definition - The guidelines provide a framework for defining relevant markets in the public utility sector, considering factors such as product characteristics, usage costs, and consumer dependency [8][9]. - The geographic market is defined based on the physical network or infrastructure coverage of the public utility operator [7]. Group 5: Monopolistic Agreements - The guidelines outline the criteria for identifying monopolistic agreements, including horizontal and vertical agreements that restrict competition [9][10]. - Public utility operators must not engage in practices that could be deemed as price-fixing, market division, or limiting production [10][11]. Group 6: Abuse of Market Dominance - The guidelines specify the framework for identifying abuse of market dominance, including unfair pricing and refusal to deal [12][13]. - Factors such as market share, dependency of consumers, and barriers to market entry are considered in determining market dominance [14][15]. Group 7: Operator Concentration - Public utility operators can legally concentrate through fair competition and voluntary cooperation, but must report to antitrust authorities if they meet certain thresholds [19][20]. - The guidelines emphasize the need for scrutiny of concentrations that may harm competition, especially in natural monopoly sectors [25][26]. Group 8: Fair Competition Review - Administrative bodies must conduct fair competition reviews for policies affecting public utility operators to ensure equal access to resources and fair market participation [28][29]. - The guidelines prohibit the abuse of administrative power to limit competition in the public utility sector [30][31]. Group 9: Legal Responsibilities - Violations of antitrust laws by public utility operators, industry associations, and administrative bodies will be subject to legal consequences as outlined in the guidelines [39][40]. - The guidelines encourage cooperation with investigations and provide for leniency in penalties for those who actively assist in compliance [45][46].