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市场监管总局发布互联网平台反垄断合规指引,8大垄断风险场景被明确划线
Sou Hu Cai Jing· 2026-02-13 08:53
2月13日,市场监管总局正式发布《互联网平台反垄断合规指引》(以下简称《指引》)。这是继此前 征求意见稿公开后,该文件以正式版本落地,针对平台经济领域的垄断风险划定了清晰的行为边界。 来源:市场资讯 值得注意的是,《指引》对算法治理着墨较多。在横向垄断协议的风险示例中,文件列举了具有竞争关 系的平台经营者通过算法共谋统一定价机制、抽佣比例等行为;在纵向垄断协议方面,则提示平台应避 免利用大数据分析、人工智能等技术手段对转售价格进行自动化设定或间接限定。 此前2025年12月,市场监管总局反垄断执法一司副司长刘健曾在新闻发布会上介绍,征求意见稿中的8 个风险示例涉及数据传输、算法适用、服务定价、搜索排序、推荐展示、流量分配、补贴优惠等多种平 台经营活动,旨在为平台企业提供务实管用的合规指导。 《指引》的发布,是我国平台经济反垄断常态化监管制度建设的又一步,将《反垄断法》的核心条款转 化为平台经营者可识别、可操作的行为规范。 声明:市场有风险,投资需谨慎。本文为AI基于第三方数据生成,仅供参考,不构成个人投资建议。 《指引》依据《中华人民共和国反垄断法》制定,重点覆盖垄断协议、滥用市场支配地位、经营者集中 以及滥 ...
【2026春节特别报道】用心护航 安心奔跑
Xin Lang Cai Jing· 2026-02-12 21:36
Group 1 - The core viewpoint of the articles emphasizes the optimization of algorithms by platform companies to enhance labor rights and create a more transparent and fair working environment for workers [1][2][3] - Since September 2021, Meituan has publicly disclosed its algorithm rules nine times, including delivery time estimates and order distribution, while implementing measures to protect rider rights such as fatigue reminders and a points deduction system for late deliveries [1] - Taobao Shanguo has also made strides in algorithm transparency, recently disclosing its pricing algorithm and signing a labor agreement with rider representatives that covers labor remuneration and rights protection [1][2] Group 2 - Huolala, as a leading freight platform, has publicly shared its algorithm mechanisms focusing on transparency, fairness, and social responsibility, including a driver autonomy algorithm and measures against fake orders [2] - The implementation of new national standards aims to enhance the rights of delivery workers, with the new electric bicycle safety standards and delivery platform service management standards set to take effect in December 2025 [2][3] - The new delivery platform standards require platforms to optimize dispatch algorithms considering various factors and to provide subsidies for delivery workers during holidays and adverse weather conditions [3] Group 3 - The express delivery industry is experiencing a growth trend, but frontline couriers face declining pay due to intense price competition, prompting calls for a shift from price wars to value-based competition [4] - The industry is encouraged to adopt collective bargaining mechanisms to ensure couriers' demands are effectively communicated to platforms, enhancing trust and loyalty among employees [4] - There is significant room for improvement in income security, management innovation, and service efficiency within the express delivery sector [4] Group 4 - Ride-hailing platforms such as Didi and T3 have announced reductions in commission rates to enhance driver incentives, creating a positive cycle of increased driver income and improved service quality [5][6] - Didi plans to lower its maximum commission from 29% to 27% by the end of 2025, with additional measures to ensure that drivers completing a minimum number of orders benefit from lower commission rates [5] - Other platforms like Cao Cao and Gaode are also reducing commission rates and implementing measures to support driver income, ensuring that drivers receive a fair share of passenger payments [6]
面向产业的算法治理研究(2025年)
Sou Hu Cai Jing· 2026-02-11 12:13
以下为报告节选内容 CAICT 中国信通院 [主员 트题报告 클 面向产业的算法治理研究 构建可信赖的算法治理路径 (2025 年) 今天分享的是:面向产业的算法治理研究(2025年) 报告共计:33页 《面向产业的算法治理研究(2025年)》聚焦算法成为数字经济核心生产要素的背景,针对算法"黑箱"、数据滥用、歧视等 问题,提出构建"合规驱动迈向信任驱动"的可信赖算法治理体系。全球治理呈现差异化特征,我国强调全生命周期监管,美 国侧重创新与个体赋权,欧盟以权利为核心构建强监管框架,均指向规则嵌入、长期治理与重点群体保护趋势。治理体系涵 盖技术、规则、平台三层逻辑,产业自律框架围绕公开透明、信息保护、公平公正、内容保障四大支柱,通过技术可释、数 据安全、算法纠偏、人机协同审查等举措落地。抖音、美团、阿里等企业的实践案例验证了治理成效,未来需强化技术可 控、动态管控与多元共治,推动算法从工具理性向价值理性转变。 支柱,形成技术、规则、平台三位一体的治理体系。 算法治理绝非一日之功,需长期弘扬和践行"算法向善"的理 念。一方面,需依托标准化路径夯实治理根基,以公开透明为核心, 围绕信息保护、公平公正、内容保障三个基 ...
让党组织关怀精准触达新就业群体
Xin Lang Cai Jing· 2026-02-07 20:47
Core Viewpoint - T3 Mobility is integrating party building with business development and driver support initiatives, enhancing the overall service experience for drivers and promoting a culture of care and responsibility within the driver community [1][3]. Group 1: Driver Support and Community Engagement - T3 Mobility has launched the "One Thousand Good Drivers" initiative, highlighting stories of drivers who contribute positively to their communities, such as providing financial support to students [1]. - The company has established a "Driver Care Plan" that includes free health check-ups, accident insurance, and various lifestyle services, allocating millions in funding to enhance driver welfare [5][6]. - T3 Mobility has formed driver party organizations, with approximately 40,000 registered party members among its 1.6 million drivers, promoting leadership and community involvement [3]. Group 2: Algorithm Governance and Transparency - T3 Mobility has become the first ride-hailing platform to sign a collective agreement with driver representatives regarding algorithm governance, ensuring transparency in fee structures and income distribution [4]. - The platform has implemented measures to enhance driver rights, including a maximum commission rate of 27% and mandatory rest periods to prevent fatigue [4]. - T3 Mobility is exploring refined algorithmic solutions for better operational efficiency and fairness in driver compensation [4]. Group 3: Safety and Incident Management - T3 Mobility has established a comprehensive safety response system that monitors incidents in real-time, ensuring rapid response to emergencies [5]. - The company has introduced various insurance products, including accident and health insurance, benefiting over 10 million drivers [6]. - T3 Mobility's safety measures include a full protection system for drivers and passengers, addressing concerns related to personal safety during rides [5].
算法迎来重要转变!跟每个人利益密切相关
Huan Qiu Wang Zi Xun· 2026-01-08 07:42
Group 1 - The year 2025 is referred to as the "Year of Algorithm Transparency," where various platforms like short video, food delivery, ride-hailing, and freight services have begun to disclose their algorithm models and principles to address public concerns [1][2] - Algorithm transparency is seen as a foundation for public trust in artificial intelligence, emphasizing the need for algorithms to be subject to public oversight and to serve social governance [1][2] - The proactive disclosure of algorithms by internet platforms, such as Douyin and Huolala, aims to enhance user understanding and interaction, thereby promoting healthy industry development [2] Group 2 - The push for algorithm transparency is a significant aspect of China's efforts to balance network governance and development, with clear compliance guidelines established to foster a healthy and transparent online information ecosystem [2] - Challenges in algorithm governance and transparency are acknowledged globally, including technical complexity, balancing commercial interests, and the need for improved legal frameworks [2][3] - The current state of algorithm governance is viewed as just the beginning, with a clear direction towards promoting technology for good [3]
算法之下,如何保障新业态劳动者权益?
Xin Lang Cai Jing· 2025-12-27 15:37
Core Viewpoint - The current labor dispute resolution mechanism is inadequate to address the complexities and volume of disputes arising from new employment forms, necessitating innovative approaches to protect workers' rights [1][3]. Group 1: Labor Dispute Challenges - The rise of new employment forms, heavily reliant on internet platforms, has led to significant differences in employment methods compared to traditional jobs, with algorithms playing a crucial role in management and performance evaluation [2][3]. - Judicial data indicates a sharp increase in labor disputes, with 648,000 cases accepted by courts from January to September 2025, marking a 37.5% year-on-year increase, reflecting the complexities of labor relations in new employment forms [2][3]. - The proportion of new employment-related disputes has risen from 7% in 2020 to 19% in 2023, highlighting the growing challenges in resolving these disputes effectively [3]. Group 2: Innovative Solutions and Legislative Proposals - The National Federation of Trade Unions and the Supreme People's Procuratorate have initiated various institutional innovations to protect workers' rights, including a multi-faceted dispute resolution mechanism involving unions, courts, and other legal entities [1][3][4]. - A proposal to establish a legal system for public interest litigation to protect workers' rights has been submitted, aiming to enhance the role of procuratorial bodies in addressing labor disputes and ensuring equal protection for all workers [3][4]. - In 2025, over 2,000 public interest litigation cases related to labor rights were handled, demonstrating the effectiveness of collaborative efforts between various legal and labor organizations [4]. Group 3: Policy Developments and Future Directions - The 20th Central Committee emphasized the need to strengthen labor rights protection and create a fair employment environment, leading to legislative discussions on including labor rights in public interest litigation laws [5][6]. - Recent reports indicate that as of October 2025, 2,325,000 new employment form workers have participated in pilot insurance programs, reflecting a significant step towards comprehensive social security for this demographic [6][7]. - The ongoing development of a comprehensive labor rights protection system for new employment forms is seen as a vital aspect of modern governance and a commitment to people-centered development [7].
深化平台经济规律性认识 健全平台反垄断合规指导 ——《互联网平台反垄断合规指引 (征求意见稿)》解读
Zhong Guo Jing Ji Wang· 2025-11-16 04:33
Core Viewpoint - The release of the "Antitrust Compliance Guidelines for Internet Platforms (Draft for Comments)" by the State Administration for Market Regulation represents a significant step towards enhancing the antitrust regulatory framework for platform economies, aiming to promote healthy development through compliance [1] Group 1: Ecological Characteristics of Platform Economy - The guidelines emphasize the ecological nature of platform economies, highlighting the need to establish a healthy competitive ecosystem [2] - It defines platform operators as ecosystem managers, responsible for maintaining positive relationships within the platform ecosystem, thus making ecosystem maintenance a key antitrust regulatory goal [2] - The complexity of antitrust governance in platform economies is underscored, as it must consider the rights of various stakeholders within the ecosystem, not just the competitive actions against market players [2][3] Group 2: Technological Aspects of Platform Economy - The guidelines recognize the technological characteristics of platform economies, particularly the role of advanced technologies like cloud computing and AI in driving growth [4] - It identifies the dual nature of technology as both a facilitator of market efficiency and a potential tool for anti-competitive behavior, thus establishing clear compliance boundaries for platform operators [5] - The guidelines encourage platforms to enhance algorithm governance and implement comprehensive compliance management to mitigate algorithm misuse risks [6] Group 3: Proactive Measures Against New Antitrust Risks - The guidelines address the challenges of defining and preventing new forms of monopolistic behavior, providing actionable guidance on issues like "algorithm collusion" and "blocking" [7] - It highlights the risks of irrational competition in platform economies, particularly through excessive price competition and the imposition of unreasonable conditions on merchants [8] - The guidelines clarify the compliance boundaries regarding practices like "blocking" and "differential treatment," aiming to foster a more unified digital market and stimulate innovation within the platform economy [9]
中储智运为新业态劳动者算法协商提供“智运”样板
Xin Hua Ri Bao· 2025-10-28 20:46
Core Points - The core focus of the meeting was on "algorithm for good," addressing concerns of truck drivers regarding platform algorithms and labor rules [1][2][3] Group 1: Meeting Overview - The meeting was a follow-up to the first national democratic consultation held by Zhongchu Zhiyun, aimed at engaging with new economy truck drivers [1] - Key attendees included representatives from various labor unions and government departments, indicating a collaborative effort to address driver concerns [1][3] Group 2: Algorithm and Driver Concerns - Truck drivers raised questions about the algorithm used for dispatching orders, specifically whether it favors drivers with longer online times [2] - The platform clarified that the dispatch algorithm prioritizes matching efficiency rather than online duration, aiming for fairness in order allocation [2][4] Group 3: Outcomes and Agreements - The meeting resulted in the signing of the "Zhongchu Zhiyun Platform Algorithm and Labor Rules Agreement," which formalizes the drivers' collective demands into a regulatory document [2][5] - The agreement includes commitments to address issues such as labor compensation, safety, and service guarantees, reflecting a deeper engagement compared to previous discussions [2][3] Group 4: Future Collaboration and Mechanisms - Zhongchu Zhiyun plans to hold at least one formal democratic consultation annually, establishing a continuous dialogue with truck drivers [5] - The initiative is seen as a model for algorithm governance and labor rights protection, promoting a collaborative relationship between the platform and drivers [5]
互联网法院“功能重塑”,透露哪些信号
第一财经· 2025-10-16 13:23
Core Viewpoint - The article discusses significant changes in the jurisdiction of internet courts in China, effective from November 1, focusing on complex cases while removing simpler, repetitive cases from their purview [3][5]. Summary by Sections Changes in Jurisdiction - The Supreme Court has issued new regulations that expand the jurisdiction of internet courts in Beijing, Hangzhou, and Guangzhou to include four new types of cases: "network data," "personal information protection and privacy," "virtual property," and "unfair competition disputes" [3][5]. - Simultaneously, it removes simpler cases such as "financial loans," "small loan contract disputes," and certain "copyright disputes" from its jurisdiction, addressing the issue of overwhelming simple cases that consume judicial resources [3][5][6]. Historical Context and Issues - Initially, internet courts were established to explore online litigation rules, but the effectiveness of this mission has diminished as many courts can now conduct online hearings [6][10]. - The Beijing Internet Court reported handling 194,000 cases from its establishment in 2018 to July 2023, with a high concentration of simple cases, leading to a "case overload" issue [6][10]. Strategic Repositioning - Experts suggest that the recent adjustments are not merely minor tweaks but a strategic reconfiguration of the internet courts' functions, aiming to focus on complex and emerging digital economy-related disputes [6][9]. - The article emphasizes the need for dynamic adjustments in jurisdiction based on the maturity of case types and the necessity for rule exploration in new areas [7][9]. Future Directions - The internet courts are expected to evolve into "rule incubators" for governance in the digital space, addressing issues like data rights, platform economy, and algorithm governance [14][15]. - There is a call for establishing judicial review standards for platform rules, ensuring fairness and transparency in algorithmic decision-making [15][16]. - The article highlights the importance of maintaining judicial integrity while innovating procedural rules, ensuring that the rights of parties involved are not diminished [16].
最高人民法院研究室负责人就互联网法院案件管辖司法解释答记者问
Yang Shi Wang· 2025-10-11 02:32
Core Viewpoint - The Supreme People's Court has issued new regulations to enhance the jurisdiction of internet courts, effective from November 1, 2025, to better serve the digital economy and improve online dispute resolution [1][2]. Group 1: Background and Reasons for Regulation Adjustment - The adjustment of jurisdiction is a response to the need for improved governance in the digital economy and aligns with the directives from the 20th Central Committee's Third Plenary Session [3]. - The changes are necessary to fulfill the functional positioning of internet courts as outlined by the Central Committee, focusing on online dispute resolution and legal governance in the digital space [4]. - The adjustment addresses the diverse judicial needs of the public in the digital age, as new types of legal disputes related to data, algorithms, and personal information protection are emerging [5][6]. Group 2: Impact on Litigation - The new regulations will change the jurisdiction of specific cases, such as data rights and online personal information disputes, which will now be handled by internet courts [7]. - The adjustment aims to enhance the litigation experience for parties involved, ensuring that they can still benefit from online dispute resolution mechanisms [8]. Group 3: Judicial Capacity and Resources - Internet courts have accumulated substantial experience and resources to handle new types of network-related cases, having previously dealt with significant cases in this domain [9]. - The courts have established a specialized team of judges with expertise in both law and technology, ensuring effective handling of complex digital disputes [9]. Group 4: Broader Implications for Internet Courts - The jurisdictional changes will enhance the overall level of internet adjudication across the country, serving as a model for other courts [10]. - The adjustments will help establish clearer judicial standards for emerging fields, thereby strengthening the legal framework for digital economy governance [11]. - The regulations will also expand the jurisdiction to include international network cases, promoting better engagement in global internet governance [12].