平台经济反垄断合规
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反垄断新规明晰边界 平台迈向主动合规
Sou Hu Cai Jing· 2025-11-24 17:38
Core Viewpoint - The release of the "Antitrust Compliance Guidelines for Internet Platforms" by the State Administration for Market Regulation marks a significant step in regulating the platform economy, aiming to balance compliance and innovation in a rapidly evolving market [1][5]. Summary by Sections Section 1: Importance of Antitrust Compliance - The platform economy is crucial for high-quality economic growth and social governance in China, necessitating robust antitrust compliance to maintain fair market competition [1]. - The guidelines serve as a technical experiment in governance, aiming to create a multi-layered compliance framework that helps platforms establish self-regulatory mechanisms [1]. Section 2: Risk Identification and Management - The guidelines introduce a risk identification framework that includes eight typical risk scenarios related to core platform operations, such as data transmission and algorithm application [2]. - Specific examples, like the requirement for platforms to ensure competitive pricing, clarify compliance boundaries and reduce legal uncertainties [2]. Section 3: Internal Governance Framework - The guidelines promote a shift from passive compliance to active responsibility among platforms, emphasizing the need for a systematic internal governance framework [3]. - Key elements include defining clear responsibilities for senior management and establishing a closed-loop compliance management process that encompasses risk identification and continuous training [3]. Section 4: Integration of Governance and Compliance - When platforms integrate the governance framework into their organizational structure, compliance evolves into a strategic asset that enhances operational efficiency and mitigates systemic risks [4]. - This integration fosters a collaborative governance model that aligns internal governance with external regulatory requirements, facilitating ongoing dialogue between regulators and market participants [4]. Section 5: Conclusion and Future Implications - The establishment of these guidelines represents a pivotal moment in China's antitrust governance for the platform economy, aiming to achieve a balance between regulation and development [5]. - The guidelines are expected to guide market expectations, encourage innovation, and support the high-quality development of the platform economy [5].
市场监管总局重磅发布!事关平台经济
Zheng Quan Shi Bao· 2025-11-15 01:34
Core Viewpoint - The State Administration for Market Regulation (SAMR) has drafted the "Antitrust Compliance Guidelines for Internet Platforms (Draft for Comments)" to help platform operators identify, assess, and prevent antitrust compliance risks, thereby promoting fair competition and healthy development of the platform economy [1][2][3]. Group 1: Purpose and Importance of the Guidelines - The guidelines aim to support platform operators in effectively preventing antitrust compliance risks and establishing a robust compliance management system [15][18]. - They emphasize the necessity of antitrust compliance management to avoid legal liabilities and enhance brand image and competitive advantage [18]. - The guidelines are designed to foster a fair competitive environment, which is essential for the innovation and healthy development of the platform economy [3][14]. Group 2: Key Features of the Guidelines - The guidelines are problem-oriented and respond to societal expectations by providing clear behavioral directives for platform operators [3]. - They are non-mandatory and serve as general guidance for antitrust compliance, helping to reduce uncertainty costs for platform operators [3]. - The guidelines focus on enhancing the specificity and effectiveness of antitrust compliance management by summarizing new types of monopolistic risks in eight scenarios [3][4]. Group 3: Principles for Antitrust Compliance Management - The guidelines outline four key principles for antitrust compliance management: 1. Targeted Principle: Identify and assess compliance risks based on industry, business model, and governance structure [4]. 2. Comprehensive Principle: Ensure full-chain compliance covering all business areas, departments, and employees [4]. 3. Penetrative Principle: Establish a thorough compliance management system across headquarters and subsidiaries [4]. 4. Continuous Principle: Maintain an effective compliance management system and regularly evaluate compliance status [4][20]. Group 4: Risk Identification and Management - The guidelines provide a framework for identifying risks related to monopolistic agreements and abuse of market dominance [6][7]. - They detail specific behaviors that could lead to monopolistic agreements, including horizontal and vertical agreements, and provide examples of risks [6][7][9]. - The guidelines encourage platform operators to conduct risk assessments, reminders, and preventive measures to manage antitrust compliance risks effectively [10][11][12]. Group 5: Compliance Management Mechanisms - The guidelines advocate for the establishment of dedicated antitrust compliance management institutions within platform operators [13]. - They suggest implementing a closed-loop risk management mechanism that includes compliance reporting, training, assessment, and supervision [13]. - The guidelines highlight the importance of cooperation with antitrust enforcement agencies during investigations and compliance rectifications [12][64]. Group 6: Significance of Strengthening Antitrust Compliance - Strengthening antitrust compliance is crucial for optimizing the competitive ecosystem and fostering a culture of fair competition among platform operators [14]. - The guidelines aim to concentrate innovation efforts and encourage platforms to focus on high-quality innovation and participation in national strategic technological advancements [14]. - Compliance with antitrust regulations is increasingly seen as a key factor for gaining recognition and trust from consumers, employees, and investors in a dynamic market environment [14].
市场监管总局:《指引》以促进平台经济创新和健康发展为出发点和落脚点
Zheng Quan Shi Bao Wang· 2025-11-14 23:36
Core Points - The State Administration for Market Regulation has drafted the "Antitrust Compliance Guidelines for Internet Platforms (Draft for Comments)" and is seeking public feedback until November 29, 2025 [1] - The guidelines aim to promote innovation and healthy development in the platform economy by establishing a fair competitive market environment [1] - The guidelines are non-binding and serve as general guidance for platform operators to manage antitrust compliance risks effectively [1] Group 1 - The guidelines are designed to address antitrust compliance risks specific to internet platforms, helping operators to enhance their compliance management [2] - The document emphasizes the importance of a fair competition environment to stimulate the internal motivation and innovative capabilities of business entities [1] - The guidelines include eight scenarios of new antitrust risks, encouraging platform operators to conduct thorough reviews of platform rules and algorithms [2]
平台反垄断合规指引征求意见,八类风险场景获明确提示
Xin Jing Bao· 2025-11-14 23:24
Core Insights - The article discusses the introduction of the "Internet Platform Antitrust Compliance Guidelines (Draft for Comments)" aimed at refining antitrust regulations for platform economies, providing a clear roadmap for compliance [1][3][4] Regulatory Framework - The guidelines are part of a broader initiative to enhance fair competition and antitrust measures as outlined in the 20th National Congress and subsequent meetings, emphasizing the need for a structured regulatory approach to platform economies [3][10] - The guidelines are not legally binding but serve as a non-compulsory framework to help platform operators identify and mitigate antitrust compliance risks [1][4] Risk Identification - Eight typical risk scenarios are highlighted, including algorithm collusion, unfair pricing, and discriminatory treatment, which cover various operational aspects of platform businesses [4][7] - The guidelines encourage platform operators to conduct self-assessments based on these risk scenarios to prevent antitrust compliance issues [4][8] Compliance Principles - Four fundamental principles for antitrust compliance management are outlined: - Targeted approach based on industry and business model - Comprehensive coverage across all business areas and stages - Penetrative oversight across headquarters and subsidiaries - Continuous enforcement of compliance mechanisms [5][6] Risk Management - The guidelines advocate for a comprehensive risk management system that includes risk assessment, alerts, prevention, and compliance rectification [8][9] - Emphasis is placed on reviewing platform rules and utilizing technology for algorithm oversight to ensure compliance [9] Historical Context - The evolution of antitrust regulation in China's platform economy is traced from initial proposals in 2020 to the current guidelines, indicating a progressive enhancement of the regulatory framework [10][11][12]
市场监管总局公布《互联网平台反垄断合规指引(征求意见稿)》
Yang Shi Xin Wen· 2025-11-14 23:16
Core Points - The article discusses the draft of the "Antitrust Compliance Guidelines for Internet Platforms" released by the State Administration for Market Regulation, aimed at guiding platform operators to effectively prevent antitrust compliance risks and promote healthy development of the platform economy [1][2] Group 1: Purpose and Objectives - The draft aims to promote innovation and healthy development in the platform economy, emphasizing the need for a fair competitive market environment [1] - It details potential antitrust compliance risks that internet platforms may face, guiding operators to strengthen their antitrust compliance management [1] Group 2: Nature and Implementation - The draft is a non-binding guideline intended to reduce uncertainty costs for platform operators, providing general guidance for antitrust compliance [2] - It is an innovative measure for enhancing comprehensive regulation, helping platform operators to accurately identify, assess, and prevent antitrust compliance risks [2] Group 3: Specific Content - The draft focuses on enhancing the relevance and effectiveness of antitrust compliance management, summarizing enforcement experiences and identifying new types of monopoly risks in eight specific scenarios [2] - It encourages platform operators to review platform rules and algorithms, establishing a comprehensive compliance management system [2]