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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
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].
以共治清除平台市场竞争中的顽瘴痼疾
Sou Hu Cai Jing· 2025-11-16 23:25
Core Viewpoint - The development of platform economy should be supported for its positive impact on public convenience, while innovative regulatory concepts and methods are needed to create a fair competitive market environment, ensuring the stable operation of an open ecological competition system in the internet market [1][3] Group 1: Regulatory Framework - The State Administration for Market Regulation has released the "Antitrust Compliance Guidelines for Internet Platforms (Draft for Comments)" to solicit public opinions, aiming to establish a compliance framework that includes "risk identification - risk management - compliance assurance" [1][2] - The guidelines provide examples of antitrust compliance risks for platform operators, including unfair high pricing, selling below cost, banning or blocking, "choose one from two" practices, and "lowest price on the entire network," covering various operational activities such as data transmission and algorithm application [2][3] Group 2: Governance Approach - The governance of platform antitrust should adopt a multi-party co-governance approach, balancing preventive and responsive governance to address new monopolistic risks and market demands [1][3] - Platform enterprises should enhance their internal rules and algorithm screening to prevent monopolistic behaviors from the source, thereby establishing a comprehensive compliance management system [3][4] Group 3: Role of Social Supervision - Social supervision should complement government regulation by encouraging third-party evaluations and public interest litigation, with the prosecution authorities playing a role in addressing illegal activities that harm social interests [4] - The government should set reasonable preemptive interventions based on market conditions and continuously improve digital administrative capabilities to establish an intelligent antitrust regulatory model [4]