《互联网平台反垄断合规指引》发布

Core Viewpoint - The article discusses the release of the "Internet Platform Antitrust Compliance Guidelines" by the State Administration for Market Regulation, aimed at helping internet platform operators effectively prevent antitrust compliance risks and promote healthy development of the platform economy [1][6]. Group 1: Guidelines Purpose and Principles - The guidelines are designed to support platform operators in preventing antitrust compliance risks, protecting the legitimate rights and interests of various stakeholders, and maintaining fair market competition [6][9]. - Four fundamental principles are outlined for compliance management: targeted, comprehensive, penetrating, and continuous [10][11]. Group 2: Antitrust Risks and Compliance Management - The guidelines specify four categories of antitrust risks: monopoly agreements, abuse of market dominance, operator concentration, and abuse of administrative power to exclude or restrict competition [2]. - Eight new types of monopoly risks are identified, including algorithm collusion between platforms, unfair high pricing, and "choose one from two" practices [2][12]. Group 3: Risk Identification and Examples - Platform operators must avoid reaching monopoly agreements through various means, including sharing sensitive competitive information [13][14]. - Examples of risks include algorithm collusion between competing platforms and unfair pricing practices that harm platform operators [15][25]. Group 4: Market Dominance and Abuse - Operators with market dominance must refrain from unfair pricing, below-cost sales, and refusal to deal without justifiable reasons [19][24][29]. - Factors to assess market dominance include market share, control over the market, and the financial and technical capabilities of the platform operator [20][21][22]. Group 5: Compliance Management Mechanisms - The guidelines encourage the establishment of a compliance management system, including risk assessment, employee training, and compliance reporting mechanisms [47][62][63]. - Operators are advised to conduct regular reviews of their compliance practices and to cooperate with antitrust investigations [55][66].