Core Insights - The article emphasizes the need for a comprehensive enhancement of regulatory concepts, systems, capabilities, and tools to adapt to the evolving market competition landscape, particularly focusing on antitrust and unfair competition regulations [1] Regulatory Developments - Significant progress has been made in antitrust and unfair competition efforts under the leadership of the central government, including a major revision of the Antitrust Law and continuous improvement of supporting regulations, enhancing the scientificity, transparency, and predictability of the regulatory framework [2] - The enforcement of regulations has intensified, with notable cases in key sectors such as pharmaceuticals and platform economies, effectively deterring illegal practices like false advertising and exclusive agreements [2] - The regulatory enforcement system has been optimized, with clearer division of responsibilities between central and local authorities, leading to improved consistency and authority in enforcement [2] Challenges in Regulatory Framework - The rise of digital technologies and innovative business models poses challenges to traditional regulatory tools, as monopolistic behaviors become more sophisticated and harder to detect [3] - The complexity of digital platforms blurs competitive boundaries, making market definitions and assessments of competitive harm more complicated [3] Issues Affecting Regulatory Effectiveness - "Involution" competition in certain sectors has deteriorated the fairness of the market, with companies resorting to excessive subsidies and unfair practices, complicating regulatory oversight [4] - Regulatory capacity struggles to meet the demands of monitoring complex and technologically advanced monopolistic behaviors, with a shortage of skilled professionals in local regulatory bodies [5] - Insufficient policy coordination undermines the effectiveness of antitrust laws, as local interests may conflict with national market unity goals [6] Recommendations for Improvement - Enhancing regulatory enforcement capabilities through professional training and the introduction of advanced technologies like big data and AI to create intelligent regulatory platforms [7] - Establishing a coordinated mechanism among various departments to improve communication and collaboration in regulatory efforts [8] - Developing industry-specific compliance guidelines to address the unique challenges posed by emerging sectors such as e-commerce and digital finance [9] - Implementing a compliance incentive system for businesses to encourage proactive compliance management and reduce reliance on reactive enforcement [10]

Core Viewpoint - The article discusses the recent draft of the "Internet Platform Antitrust Compliance Guidelines" aimed at guiding platform operators to prevent antitrust compliance risks and promote fair competition in the platform economy [2][3]. Group 1: Purpose and Importance of the Guidelines - The Compliance Guidelines are designed to support platform operators in establishing effective antitrust compliance management mechanisms and protecting the legitimate rights of relevant parties [2]. - The guidelines reflect the sensitivity and adaptability of domestic antitrust authorities to new market conditions and models, addressing the complexities introduced by the rapid development of the platform economy [2][3]. Group 2: Challenges in Antitrust Compliance - The platform economy faces new antitrust compliance anxieties, including algorithm collusion, abuse of market dominance, and unfair pricing practices, which can infringe on the legitimate rights of others and disrupt fair competition [3][4]. - Identifying and assessing the compliance boundaries of potentially monopolistic behaviors is a key concern for all parties involved in the platform economy [3][4]. Group 3: Cooperative Governance Approach - The Compliance Guidelines represent a beneficial attempt at cooperative governance, signaling that regulators and platform participants share a common goal of seeking fair competition [4][6]. - This approach aims to improve perceptions of regulation as a facilitator of order rather than a mere restriction on participants' freedoms [4][6]. Group 4: Addressing the Rights of Weaker Parties - A significant issue in antitrust activities is the inadequate protection of the legitimate rights of weaker parties, which often face high costs in defending their rights and lack effective channels for legal recourse [5]. - The cooperative governance model seeks to enhance the protection of weaker parties' rights and establish mechanisms for low-cost rights protection and expression [5]. Group 5: Implementation and Communication - The Compliance Guidelines utilize non-coercive directives to foster cooperation between regulators and those being regulated, establishing an effective communication mechanism for governance improvement [6].

2025.11. 16 合规是任何企业持续经营的必要条件。合规在法理上并非单纯地满足相关法律法规的要求，其深层逻 辑是如何防范自身行为有意无意侵犯其他主体的合法权益，同时有效促进竞争合规、规则公平、算法 向善。 当前平台经济在牵涉垄断协议、滥用市场支配地位等垄断行为方面，面临新的反垄断合规焦虑，如平 台间算法共谋、组织帮助平台内经营者达成垄断协议、平台不公平高价、平台低于成本销售、封禁屏 蔽、"二选一"行为、全国最低价和平台差别待遇等。这些可能涉嫌垄断的行为有一个很明显的辨识 点，即这些行为都在不同层面对他人合法权益构成侵害，都有损公平竞争秩序。 如何有效辨识和评估这些行为的合规边界，是参与平台经济的各方都期待明晰的问题。此次《合规指 引》既通过站在监管仲裁者角度，让平台经营者和商家等换位思考其行为可能面临的外部性，让其了 解监管者会如何看待其行为的边际影响，又有助于监管者积极主动了解平台经济引发的新现象、新问 题，提高监管的敏感性，同时也适度在事前事中指引平台运营者和商家的行为，减轻垄断行为的事后 规制压力。 显然，《合规指引》在规制经济学角度看，是一种合作治理的有益尝试，其向各方传递出一个信号， 监管与平 ...

Core Viewpoint - The "Compliance Guidelines" aim to establish an effective communication mechanism between regulators and regulated entities, promoting cooperation in governance and enhancing antitrust compliance management within the platform economy [1][6]. Summary by Sections Regulatory Context - The State Administration for Market Regulation has drafted the "Antitrust Compliance Guidelines for Internet Platforms (Draft for Public Consultation)" to guide platform operators in preventing antitrust compliance risks and protecting legitimate rights and interests [1][2]. Market Dynamics - The rapid development of the platform economy has improved resource allocation efficiency and driven technological innovation, but it has also introduced complexities in antitrust regulation due to the unique characteristics of platform markets, such as bilateral market features and multi-party transaction structures [2][3]. Compliance Challenges - Current antitrust compliance anxieties include issues like algorithm collusion, unfair pricing, and discriminatory treatment among platforms, which can infringe on the legitimate rights of others and disrupt fair competition [3][5]. 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, thus improving perceptions of regulation as a facilitator rather than a restriction [4][6]. Protection of Vulnerable Parties - A significant issue in antitrust activities is the inadequate protection of the legitimate rights of weaker parties in transactions, necessitating the establishment of low-cost channels for rights protection and the introduction of collective litigation and other mechanisms to balance competitive fairness [5][6].

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]

Core Viewpoint - China is drafting new guidelines to optimize the competitive ecosystem of the platform economy, aiming to help platform operators identify and mitigate risks associated with the abuse of market dominance [1][2]. Group 1: Regulatory Framework - The State Administration for Market Regulation (SAMR) has released a draft titled "Antitrust Compliance Guidelines for Internet Platforms" for public consultation [1]. - The guidelines are intended to assist platform operators in accurately identifying, assessing, and preventing antitrust compliance risks, thereby clarifying behavioral boundaries and stabilizing market expectations [1]. Group 2: Market Dynamics - The rapid development of China's platform economy has led to significant risks of monopoly, as platform operators can influence competition through rules, data, algorithms, and technology [1]. - The guidelines emphasize that larger platform operators must regularly assess their market dominance to avoid engaging in anti-competitive practices [1]. Group 3: Specific Risks and Recommendations - The guidelines provide examples of potential monopolistic risks in various scenarios, including unfair pricing, below-cost sales, account bans, "choose one from two" practices, and differential treatment [2]. - SAMR aims to enhance the confidence of platform operators in fair competition, encouraging them to move away from low-level homogeneous competition and to unlock their potential for forward-looking research and development [2].

Core Viewpoint - The State Administration for Market Regulation has drafted the "Antitrust Compliance Guidelines for Internet Platforms (Draft for Comments)" to solicit public opinions, aiming to help platform operators identify and manage antitrust compliance risks effectively [1][2]. Group 1: Purpose and Nature of the Guidelines - The guidelines aim to promote innovation and healthy development in the platform economy by fostering a fair competitive market environment [2]. - The guidelines are non-binding and serve as a general reference for antitrust compliance, helping to reduce uncertainty costs for platform operators [2]. - The guidelines focus on enhancing the specificity and effectiveness of antitrust compliance management by summarizing regulatory enforcement experiences and identifying new types of monopolistic risks in eight scenarios [2][6]. Group 2: Identifying Monopolistic Agreement Risks - Platform operators are advised to avoid reaching monopolistic agreements during service provision or self-operated business activities [3]. - A basic analytical framework is provided for identifying monopolistic agreement risks, including assessing whether behaviors fall under prohibited conditions of the Antitrust Law [3][4]. - Specific behaviors that may constitute monopolistic agreements are detailed, guiding operators to prevent such risks [3]. Group 3: Identifying Abuse of Market Dominance Risks - Operators with significant market power should regularly assess their market dominance and avoid engaging in abusive behaviors [4][5]. - The guidelines outline factors to consider when determining market dominance, such as market share, competitive conditions, and dependency of other operators [5]. - Examples of abusive behaviors are provided, including unfair pricing and refusal to deal, to help operators understand and avoid such risks [5]. Group 4: Risk Management and Compliance - The guidelines encourage operators to establish a comprehensive risk management system, including risk assessment, reminders, prevention, and compliance rectification [7][9]. - Operators are advised to conduct risk assessments based on industry characteristics and market conditions, implementing a tiered management approach [7]. - The guidelines emphasize the importance of reviewing platform rules and algorithms to ensure compliance and mitigate risks [8]. Group 5: Establishing Compliance Mechanisms - Operators are encouraged to set up dedicated antitrust compliance management institutions and ensure effective implementation of compliance measures [9]. - The guidelines suggest creating a closed-loop risk management mechanism, including compliance reporting, training, and supervision [9].

Core Viewpoint - The article discusses the draft of the "Antitrust Compliance Guidelines for Internet Platforms" aimed at promoting fair competition and innovation within the platform economy, while providing a framework for platform operators to identify and mitigate antitrust compliance risks [1][2]. Summary by Sections Purpose and Nature of the Guidelines - The guidelines are designed to foster innovation and healthy development in the platform economy by ensuring a fair competitive environment [2]. - They serve as non-binding compliance guidelines to help platform operators reduce uncertainty costs and proactively manage antitrust risks [2]. Identifying Antitrust Agreement Risks - Platform operators are advised to avoid reaching antitrust agreements during service provision or self-operated business activities [3]. - A basic analytical framework is provided to help operators assess whether their actions fall under prohibited antitrust behaviors [3]. - Specific behaviors that may constitute horizontal or vertical antitrust agreements are detailed, along with examples to aid in risk identification [3]. Identifying Abuse of Market Dominance Risks - Operators with significant market power should regularly evaluate their market position to avoid engaging in abusive practices [4][5]. - The guidelines outline factors to consider when determining market dominance, including market share and competitive conditions [5]. - Examples of abusive behaviors, such as unfair pricing and refusal to deal, are provided to clarify compliance expectations [5]. Risk Examples - Eight specific antitrust risk scenarios are outlined, including algorithm collusion and unfair pricing practices, to help operators recognize potential compliance issues [6]. - These examples cover various operational aspects such as data transmission and service pricing, encouraging proactive risk assessments [6]. Strengthening Antitrust Compliance Risk Management - The guidelines encourage operators to establish a comprehensive risk management system that includes risk assessment, reminders, and prevention strategies [7][8]. - Operators are advised to conduct regular reviews of platform rules and algorithms to ensure compliance [8]. - Cooperation with antitrust investigations and timely submission of compliance rectification plans are emphasized [8]. Establishing Compliance Assurance Mechanisms - Operators are encouraged to create dedicated antitrust compliance management bodies and ensure they are adequately resourced [10]. - A closed-loop risk management mechanism is recommended, incorporating compliance reporting, training, and supervision [10].

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]

Core Viewpoint - The State Administration for Market Regulation (SAMR) is seeking public feedback on the draft "Antitrust Compliance Guidelines for Internet Platforms," aiming to provide clear behavioral guidelines for platform operators in response to the rapid development of the platform economy and its associated competition risks [1][2]. Group 1: Importance of Compliance - Compliance has become a key "pass" for companies to gain recognition in a dynamic market environment, with consumers increasingly willing to pay for quality services from compliant platforms [2]. - Employees prioritize rights protection, and a platform's compliance reputation directly affects its attractiveness to potential hires [2]. - Investors and partners prefer to collaborate with compliant companies to mitigate business risks associated with uncertainty [2]. Group 2: Antitrust Risks and Guidelines - The draft guidelines aim to address the prevalent antitrust risks in the platform economy, providing targeted and actionable compliance guidance for platform operators [2][3]. - Platform operators are advised to avoid reaching or facilitating monopolistic agreements during service provision or self-operated business activities [2][3]. - The guidelines encourage larger platform operators to regularly assess their market dominance and avoid abusing their market power [3]. Group 3: Examples of Compliance Risks - The draft outlines specific examples of antitrust compliance risks, including unfair pricing, below-cost sales, service bans, "choose one from two" practices, and "lowest price on the entire network" behaviors [3]. - These examples cover various operational aspects such as data transmission, algorithm application, service pricing, search ranking, recommendation display, traffic distribution, and subsidy offers [3]. - The guidelines are intended to help platform operators accurately identify, assess, and prevent antitrust compliance risks, promoting proactive self-regulation [3].