反垄断规制
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最高法:对涉企冤错案件常态化甄别纠正,去年改判13人无罪
Xin Jing Bao· 2025-12-04 05:16
Group 1 - The Supreme People's Court announced the correction of 46 wrongful property-related cases involving 72 individuals in 2024, with 13 individuals being acquitted [1] - The court aims to protect the personal and property rights of entrepreneurs and prevent the misuse of administrative and criminal measures in economic disputes [1] - A mechanism for the regular identification and correction of historical wrongful cases involving enterprises will be established by 2025 [1] Group 2 - The court supports the rights of private enterprises to receive payments and has issued judicial interpretations to protect small and medium-sized enterprises from being oppressed by larger companies [2] - There is an emphasis on enhancing the judicial protection of intellectual property rights, particularly for innovative small and medium-sized enterprises, with a 44.2% increase in punitive damages applied in 460 cases of severe malicious infringement in 2024 [2] - The court is addressing abusive practices such as inducement to infringe and non-normal mass litigation, while also promoting a cooperative environment for business development [2]
合规指引是合作治理新尝试
第一财经· 2025-11-16 15:48
Core Viewpoint - The article discusses the recent draft of the "Antitrust Compliance Guidelines for Internet Platforms" aimed at guiding platform operators to prevent antitrust compliance risks and promote fair competition in the platform economy [2][3]. Group 1: Antitrust Compliance Guidelines - The guidelines emphasize the need for platform operators to understand the complexities of the market structure and the challenges in identifying and regulating monopolistic behaviors [3][4]. - The guidelines aim to clarify the compliance boundaries for platform operators, helping them to avoid infringing on the legitimate rights of other parties while promoting fair competition [4][5]. Group 2: Market Dynamics and Challenges - The rapid development of the platform economy has increased resource allocation efficiency but also introduced new challenges in antitrust regulation, such as algorithm collusion and unfair pricing practices [3][4]. - The guidelines are designed to help both regulators and platform operators understand the implications of their actions, thereby reducing the regulatory burden associated with antitrust violations [4][5]. Group 3: Cooperative Governance - The guidelines represent a beneficial attempt at cooperative governance, signaling that regulators and platform participants share a common goal of achieving fair competition [5][6]. - There is a need to shift the perception of the relationship between regulators and regulated entities from adversarial to collaborative, focusing on the fairness and justice of rules [5][6]. Group 4: Protecting Vulnerable Parties - The article highlights the importance of protecting the legitimate rights of weaker parties in transactions, addressing issues such as high costs of rights protection and lack of transparent channels for legal recourse [6][7]. - Effective implementation of the guidelines requires the introduction of mechanisms like collective litigation and burden of proof reversal to lower the costs for consumers seeking to protect their rights [6][7].