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为平台经营者反垄断合规提供指引 市场监管总局拟出台新规
Sou Hu Cai Jing· 2025-11-14 23:27
为帮助平台经营者识别垄断协议风险,征求意见稿提出,平台经营者要避免在提供平台服务或者开展自 营业务等过程中达成垄断协议,以及组织其他经营者达成垄断协议或者提供实质性帮助。 为引导平台经营者识别滥用市场支配地位风险,征求意见稿提出,市场力量较大的平台经营者要定期评 估是否在相关市场具有市场支配地位,避免在提供平台服务或者开展自营业务等过程中从事滥用市场支 配地位行为。征求意见稿还结合监管执法实践和互联网平台特点,提供滥用市场支配地位行为风险示 例,为平台经营者加强反垄断合规管理提供有益参考。 为帮助平台经营者更好识别反垄断合规风险,征求意见稿以示例方式为平台经营者列举了平台不公平高 价、平台低于成本销售、封禁屏蔽、"二选一"行为、"全网最低价"等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。 在当下动态性较强的市场环境中,合规经营已成为企业赢得各方认可的关键"通行证"。消费者愈发理 性,为优质平台的商品和服务买单的意愿更强;从业人员重视权益保障,平台合规口碑直接影响岗位吸 引力;合作商、投资者倾向与合规企业携手,降低不确定性引起的商业风险。同时,符合 ...
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
平台经济反垄断监管进入精细化、常态化阶段,企业合规经营有了清晰路线图。 《指引》以促进平台经济创新和健康发展为出发点和落脚点。详细列举互联网平台可能发生的反垄断合 规风险,引导平台经营者加强反垄断合规管理,有效预防和制止垄断行为的发生。 从文件性质看,《指引》是不具有强制力的专项反垄断合规指引。做好反垄断合规可以大幅降低平台经 营者的不确定性成本。《指引》旨在为平台经营者反垄断合规提供一般性指引,不具有强制力,是加强 全链条监管的创新举措,有利于帮助平台经营者精准识别、评估、防范反垄断合规风险,主动规范自身 经营行为。 市场监管总局相关负责人针对《互联网平台反垄断合规指引(征求意见稿)》进行解读。 政策背景:完善平台经济常态化监管 党的二十大对完善公平竞争市场经济基础制度、加强反垄断作出决策部署。党的二十届三中全会指出, 要促进平台经济创新发展,健全平台经济常态化监管制度。 2025年《政府工作报告》明确要求"制定重点领域公平竞争合规指引",此次《指引》的制定正是对这一 要求的具体落实。 为支持和引导平台企业有效防范反垄断合规风险,市场监管总局研究起草了《互联网平台反垄断合规指 引(征求意见稿)》(以下简称《 ...
反“内卷”根本在于强创新
Jing Ji Ri Bao· 2025-11-07 22:13
Group 1 - The core viewpoint emphasizes the importance of addressing "involution" competition to facilitate the construction of a unified national market, which is crucial for high-quality economic development over the next five years [1] - Recent efforts in combating "involution" competition have shown some success, with policies and regulations leading to a shift from low-level price competition to value competition in various sectors, improving market order and adjusting competitive landscapes [1] - The photovoltaic industry has seen a recovery in price transmission mechanisms due to government actions against below-cost sales, prompting industry restructuring and the exit of outdated capacities [1] Group 2 - Despite progress, challenges remain, such as local protectionism and market segmentation, with local governments still using hidden methods like tax rebates and low land sales to interfere with the market [2] - The governance of platform economies faces new challenges, including data misuse and algorithm collusion, indicating a need for enhanced regulatory measures [2] - There is a call for stronger innovation capabilities among enterprises and a more activated innovation ecosystem to effectively combat "involution" [2] Group 3 - Recommendations include improving policy regulations, enhancing policy coordination, and advancing the establishment of a unified national market, with a focus on standardizing market rules and regulatory enforcement [2] - The establishment of a cross-regional collaborative regulatory mechanism is suggested, along with a unified market supervision platform to share enterprise credit information and recognize enforcement standards [2] - The optimization of local government performance assessment systems is necessary to eliminate local protectionism and market fragmentation [2] Group 4 - Increased regulatory efforts in the platform economy are proposed, including detailed compliance guidelines and the establishment of a monitoring system using big data and AI to detect abnormal trading behaviors [3] - Encouragement for enterprises to shift resources from homogeneous production to core technology research and development is emphasized to create differentiated competitive advantages [3] - A comprehensive approach to protect the rights of flexible employment groups is recommended, including the standardization of platform employment relationships and the establishment of a unified service platform for flexible employment [3]
经贸合作成果丰硕,下一个10年中澳自贸协定如何“提质扩容”?
Di Yi Cai Jing· 2025-11-06 02:28
Core Viewpoint - The future of China-Australia cooperation must transition from traditional mineral and agricultural collaboration to a strategic joint development led by technology, especially as the China-Australia Free Trade Agreement (FTA) approaches its 10th anniversary in 2025 [1]. Group 1: Trade and Economic Cooperation - The China-Australia FTA is the first high-level FTA signed between China and a major developed country, serving as a significant milestone in bilateral relations [1]. - Over the past decade, the FTA has significantly boosted bilateral trade, with the trade volume reaching $211.27 billion in 2024, an increase of 85.6% compared to 2015 [5]. - China has maintained its position as Australia's largest trading partner for 16 consecutive years, with the Chinese market accounting for one-third of Australia's total exports [5]. - The FTA has facilitated a strong increase in Australian products in Chinese consumer markets, with 256 Australian companies participating in the recent China International Import Expo, marking a historical high [4]. Group 2: Future Directions and Opportunities - Future cooperation should focus on enhancing the FTA to meet evolving needs, ensuring it continues to serve both countries' enterprises and consumers effectively [7]. - There is a call for the FTA to evolve from traditional trade in agricultural and mineral products to include sectors such as digital economy, green technology, and new trade rules [8][9]. - The potential for collaboration in areas like clean energy, healthcare, and digital economy is highlighted as key opportunities for the next decade [8]. - The establishment of a robust framework for digital trade and cross-border data flow is essential, leveraging Australia's mature digital regulatory framework and China's extensive platform economy [9].
报告:北京、上海等四城构成平台经济“超强阵营”
Zhong Guo Xin Wen Wang· 2025-10-31 12:02
Core Insights - The report highlights that platform economy is a key engine for shaping the core competitiveness of digital China and driving high-quality economic development [1] - Beijing, Shenzhen, Shanghai, and Hangzhou form a "super strong camp" in platform economy development, leading in most indicators and ranking in the first tier [1] Summary by Categories Comprehensive Ranking - The report presents a comprehensive ranking of cities based on their platform economy scores, with Beijing leading at 91.49, followed by Shenzhen (90.74), Shanghai (90.51), and Hangzhou (90.41) [2] - Other notable cities include Guangzhou (85.36) and Chongqing (81.14), with a total of 25 cities evaluated [2] Infrastructure Development - Beijing, Shanghai, and Shenzhen rank in the top three for infrastructure, characterized by national computing power hub layout, low-latency networks, and intelligent port logistics, creating a hard-to-replicate "hard power" [2] - Hangzhou ranks fourth, showcasing its leading digital platform infrastructure and high penetration of e-commerce live streaming [2] Industry Development Potential - Shenzhen and Beijing exhibit absolute advantages in industrial scale, while Hangzhou and Fuzhou excel in industrial proportion, significantly contributing to local GDP [3] - Cities like Hefei and Changsha show strong growth rates, indicating emerging forces challenging traditional structures [3] Market Dynamics - Beijing leads in the number of platform enterprises and unicorn index, establishing a large cluster of market entities [3] - Hangzhou excels in market activity, with daily live e-commerce transactions exceeding 10 billion, indicating a thriving market [3] - Shanghai and Shenzhen create a healthy ecosystem characterized by "giant leadership + small and medium-sized collaboration" [3] Core Factors - Beijing ranks high in talent, capital, technology, and data, demonstrating perfect synergy of these elements and solidifying its position as a national innovation center [3] - Shenzhen and Hangzhou show outstanding performance in capital investment and technological innovation, while cities like Nanjing and Wuhan benefit from talent advantages [3] Evaluation Methodology - The report evaluates 25 key cities in platform economy based on five primary indicators and 18 secondary indicators, revealing a competitive landscape characterized by factor aggregation and distinct tiers [3]
科技创新孵育新兴业态
Jing Ji Ri Bao· 2025-10-29 22:19
Core Viewpoint - The article emphasizes the importance of combining an effective market with a proactive government, reflecting a deepened understanding of the socialist market economy in China [1] Group 1: Market Dynamics - The platform economy relies on the innovative vitality and endogenous motivation of business entities to precisely match supply and demand, leading to transformative changes in production and lifestyle [1] - Industry participants, exemplified by the small elephant supermarket, enhance supply chain digitalization and quality-price ratio to effectively meet consumer demands for "fresh and fast" products [1] Group 2: Technological Innovation - The company aims to continuously promote digital upgrades in service retail and commodity retail on both the demand and supply sides, guiding new supply through new demand and creating new demand through new supply [1] - The vast scale of the Chinese market nurtures technology, experience, and models that can deeply participate in industrial cooperation and division of labor in broader markets [1] Group 3: Future Outlook - The company is committed to fostering new business formats through technological innovation, contributing to the construction of a unified domestic market and expanding high-level openness [1] - Looking towards the "14th Five-Year Plan," private enterprises are expected to unite and strive for new opportunities in the market [1]
提升企业合规经营水平 平台经济治理迈向标准化
Jing Ji Ri Bao· 2025-10-22 23:38
Core Insights - The establishment of the National Platform Economy Governance Standardization Technical Committee marks a significant step towards addressing long-standing regulatory challenges in the platform economy, aiming to create unified standards for high-quality development [1][3]. Group 1: Current State of Platform Economy - The platform economy in China has seen rapid growth, with major companies like Tencent, Alibaba, Douyin, and Baidu exceeding 1 billion users as of June this year [2]. - The average daily usage time of mobile internet in China has increased to 7.97 hours, with users engaging in 117.9 sessions per day [2]. - Despite growth, the platform economy faces significant consumer complaints, with operational internet service complaints reaching 62,720 in the first half of the year, a 17.98% increase year-on-year [2]. Group 2: Challenges in Platform Economy - Issues such as unfair rules, unreasonable fees, algorithm opacity, and frequent live-streaming irregularities are prevalent in the platform economy [3]. - The lack of unified standards and norms has led to deep-rooted challenges, including consumer dissatisfaction with product quality and service reliability [2][3]. Group 3: Importance of Standardization - Standardization is seen as a key to enhancing governance in the platform economy, filling gaps left by legal and administrative oversight [4]. - Standards can transform abstract legal principles into actionable technical specifications, facilitating more precise governance [4]. - The process of developing standards involves collaboration among various stakeholders, making it easier for platform companies to accept and adhere to the rules [4]. Group 4: Collaborative Standard Development - The standardization effort requires participation from regulatory bodies, enterprises, and industry organizations, particularly in the rapidly evolving live-streaming e-commerce sector [5]. - Local initiatives, such as Beijing's development of 43 local standards related to the platform economy, aim to support compliance and innovation while maintaining fair competition [6]. Group 5: Future Directions - The Platform Economy Governance Standardization Technical Committee plans to establish mechanisms for tracking the application and effectiveness of standards, alongside fostering pilot units to demonstrate best practices [6]. - Recommendations include tailoring standards to the specific characteristics of different platform services, such as online shopping and live-streaming, to provide clear operational guidelines [6].
平台经济治理迈向标准化 提升企业合规经营水平
Sou Hu Cai Jing· 2025-10-22 22:39
Core Insights - The establishment of the National Platform Economy Governance Standardization Technical Committee marks a significant step towards addressing long-standing regulatory challenges in the platform economy, aiming to create unified standards for high-quality development [1][3]. Group 1: Current State of Platform Economy - The platform economy in China has seen rapid growth, with major companies like Tencent, Alibaba, Douyin, and Baidu exceeding 1 billion users as of June this year [2]. - The average daily usage time of mobile internet per person has increased to 7.97 hours, with an average of 117.9 sessions per day [2]. - However, the sector faces numerous consumer complaints, with operational internet service complaints reaching 62,720 in the first half of the year, a year-on-year increase of 17.98% [2]. Group 2: Challenges in Platform Economy - Issues such as unfair rules, unreasonable fees, algorithm opacity, and frequent live-streaming irregularities are prevalent in the platform economy [3]. - The lack of unified standards and norms has led to deep-rooted challenges within the industry, affecting consumer trust and operational efficiency [2][3]. Group 3: Importance of Standardization - Standardization is seen as a key solution to fill the gaps left by legal and administrative oversight, providing a more detailed and actionable framework for governance [4]. - It aims to transform abstract legal principles into specific, verifiable technical standards, facilitating better compliance and operational clarity for platform enterprises [4]. Group 4: Collaborative Standard Development - The standardization process requires collaboration among regulatory bodies, enterprises, and industry organizations to create a comprehensive governance framework [5]. - In the live-streaming e-commerce sector, national standards for quality management and service evaluation have already been approved to enhance industry norms [5]. Group 5: Local Initiatives and Future Directions - Local governments, such as Beijing, have developed numerous standards related to the platform economy, contributing to compliance and innovation [6]. - Future efforts will focus on establishing feedback mechanisms for standard application, conducting industry training, and encouraging public oversight to ensure effective implementation of standards [6].
提升企业合规经营水平——平台经济治理迈向标准化
Jing Ji Ri Bao· 2025-10-22 22:05
Core Insights - The establishment of the National Platform Economy Governance Standardization Technical Committee marks a significant step towards addressing long-standing regulatory challenges in the platform economy, aiming to create unified standards for high-quality development [1][3]. Group 1: Current State of Platform Economy - The platform economy in China has seen rapid growth, with major companies like Tencent, Alibaba, Douyin, and Baidu exceeding 1 billion users as of June this year [2]. - The average daily usage time for mobile internet in China has increased to 7.97 hours, with users engaging in 117.9 sessions per day [2]. - Despite growth, the platform economy faces significant consumer complaints, with operational internet service complaints reaching 62,720 in the first half of the year, a 17.98% increase year-on-year [2]. Group 2: Challenges in Platform Economy - Issues such as unfair rules, unreasonable fees, algorithm opacity, and frequent live-streaming irregularities have been highlighted as major concerns in the platform economy [3]. - The lack of unified standards and norms has led to deep-rooted challenges, including consumer dissatisfaction with product quality and service reliability [2][3]. Group 3: Importance of Standardization - Standardization is seen as a key to enhancing governance in the platform economy, filling gaps left by legal and administrative oversight [4]. - Standards can transform abstract legal principles into actionable technical specifications, facilitating more precise governance and compliance for platform enterprises [4]. Group 4: Collaborative Standard Development - The development of governance standards requires collaboration among regulatory bodies, enterprises, and industry organizations [5]. - Specific standards have already been established for the live-streaming e-commerce sector to enhance its operational quality and compliance [5]. Group 5: Local Initiatives and Future Directions - Local governments, such as Beijing, have developed numerous standards related to the platform economy, contributing to fair competition and compliance [6]. - Future efforts will focus on training, public engagement, and feedback mechanisms to ensure the effective application of standards in the platform economy [6].
新修订的反不正当竞争法正式施行 法治护航全国统一大市场
Ren Min Ri Bao· 2025-10-20 23:36
Core Points - The newly revised Anti-Unfair Competition Law will take effect from October 15, aiming to enhance market competition rules and optimize the business environment [1][3] - The law targets "involution-style" competition, particularly in the platform economy, to promote healthy market practices and prevent low-quality competition [2][4] - The law emphasizes the protection of small and medium-sized enterprises (SMEs) from unfair practices by larger companies, ensuring fair competition opportunities [4][5] Group 1 - The revised law establishes a fair competition review system to ensure all market participants can compete fairly [2][3] - It prohibits platform operators from forcing internal operators to sell below cost, addressing the issue of "involution-style" competition [2][4] - The law aims to break down industry barriers and market entry restrictions, fostering a more vibrant market environment [3][5] Group 2 - The law provides specific protections for SMEs against the abuse of power by larger enterprises, ensuring reasonable payment terms and conditions [4][5] - It aims to create a comprehensive legal framework for fair competition, enhancing resource allocation and promoting innovation [5] - The law addresses challenges in regulating unfair competition in the digital market, including data misuse and malicious transactions [6][7]