互联网平台经济
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反垄断新规明晰边界,平台迈向主动合规丨法经兵言
Di Yi Cai Jing· 2025-11-24 11:47
平台经济治理的另一重要特征,在于推动监管对象实现从被动遵循者向主动责任者的角色转变。《指 引》的突出价值,不仅体现在告知平台"什么不能做",更系统地指引平台"应该如何做",通过可操作的 制度设计推动主体责任的内化进程。 这一理念具体体现为《指引》构建了一套系统化、可执行的内部治理框架。其一,确立权责明确的主体 责任制度,明确要求平台高级管理人员承担合规管理领导职责,并保障合规部门获得充分的资源支持与 履职独立性。这一规定旨在从企业顶层设计上平衡业务创新拓展与合规风险防控之间的关系,将合规提 升至企业战略决策高度。其二,构建闭环运行的合规管理流程,系统涵盖风险识别、分析评估、处置应 对、改进优化及持续培训等环节,为各类平台企业(特别是合规体系尚不完善的中小平台)提供清晰可 行的实施路径。 当平台企业将这套治理框架全面融入组织架构、决策流程与企业文化时,便实现了从"被动合规"向"主 动治理"的转变。此时的合规管理已超越传统意义上的监管应对工具,演进为提升运营效能、防范系统 性风险、构建可持续市场竞争优势的战略资产。这种责任内化机制有效塑造了平台企业的自我约束能 力,形成了企业自治与外部监管之间相互促进的协同治理格 ...
三部门就互联网平台价格行为规则征求意见
Guan Cha Zhe Wang· 2025-08-23 07:14
Core Viewpoint - The National Development and Reform Commission (NDRC) has released a draft of the "Internet Platform Pricing Behavior Rules" to promote healthy development in the platform economy and ensure compliance with pricing regulations [1][2]. Group 1: Background of the Rules - The rapid development of the platform economy in China has positively impacted the real economy and consumer needs, necessitating clearer regulations on pricing behavior [2]. - Existing laws such as the Price Law and the E-commerce Law provide general guidelines, but specific regulations for the platform economy are needed to enhance transparency and compliance [2]. Group 2: Overall Approach to Rule Formulation - The rules aim to balance development and regulatory compliance, focusing on price behavior regulation, transparency, and collaboration among stakeholders [3]. - Key objectives include standardizing pricing behavior, promoting transparency in pricing, and enhancing cooperation among government, industry associations, and platform operators [3]. Group 3: Applicability of the Rules - The rules apply to both platform operators and platform merchants, ensuring that all entities involved in the platform economy adhere to the pricing regulations [4]. Group 4: Guiding Autonomous Pricing - The rules affirm the right of platform operators and merchants to set prices autonomously while regulating the fees charged by platform operators [5][6]. - Operators must publicly disclose any changes to fee structures and seek input from merchants [5]. Group 5: Price Marking Requirements - The rules mandate clear price marking for goods and services, including detailed information on pricing methods and promotional activities [7][8]. - Operators must transparently communicate any subsidies and promotional rules to avoid misleading consumers [7]. Group 6: Regulation of Pricing Competition - The rules define standards for identifying unfair pricing practices such as predatory pricing and price collusion, aiming to maintain fair competition [9][10]. - Operators are prohibited from using deceptive pricing strategies and must ensure that pricing practices are transparent and fair [10]. Group 7: Collaborative Governance Mechanism - The rules emphasize the importance of inter-departmental collaboration in regulating pricing behavior within the platform economy [11][12]. - Platform operators are required to establish internal compliance systems and facilitate self-regulation within the industry [12]. Group 8: Implementation Timeline - The draft rules are open for public consultation for one month, after which feedback will be reviewed and incorporated before final issuance [13].
定价更规范!《互联网平台价格行为规则》来了
财联社· 2025-08-23 01:50
Core Viewpoint - The article discusses the introduction of the "Internet Platform Pricing Behavior Rules (Draft for Comments)" aimed at promoting healthy development in the platform economy while ensuring regulatory compliance and protecting consumer rights [1][2]. Group 1: Background of the Rules - The rapid development of the platform economy in China has positively impacted the real economy and consumer needs, necessitating clearer regulations on pricing behavior to protect consumer interests [2]. - Existing laws provide general guidelines, but specific regulations for the platform economy are needed to create a transparent and predictable pricing regulatory mechanism [2]. Group 2: Overall Approach to Rule Formulation - The rules emphasize a balance between promoting development and regulatory compliance, focusing on price behavior standardization, transparency, and collaboration among stakeholders [3]. - Key aspects include regulating pricing behavior, enhancing transparency in pricing rules, and fostering collaboration among government, industry associations, and platform operators [3]. Group 3: Applicability of the Rules - The rules apply to both platform operators and platform internal operators, including those providing services or selling goods through platforms [4]. - Self-built website operators and other participants in the platform economy are also encouraged to follow these rules [4]. Group 4: Guiding Independent Pricing - The rules affirm the right of platform operators and internal operators to set prices independently while regulating the fees charged by platform operators to internal operators [5]. - Operators are encouraged to innovate and improve service quality while adhering to fair pricing practices [5][6]. Group 5: Price Marking Requirements - The rules mandate clear price marking for goods and services, including detailed information on pricing and any additional fees [7]. - Promotional rules must be transparent, and any subsidies or discounts should be clearly communicated to consumers [7][8]. Group 6: Regulation of Pricing Competition - The rules define standards for identifying unfair pricing practices such as predatory pricing, price discrimination, and price collusion [9]. - Platform operators are prohibited from forcing internal operators to sell below cost and must not engage in deceptive pricing practices [9][10][11]. Group 7: Collaborative Governance Mechanism - The rules advocate for a collaborative governance approach involving regulatory departments, platform compliance management, and industry self-regulation [12]. - Regulatory bodies will conduct oversight and provide guidance to ensure compliance with pricing behavior standards [12]. Group 8: Implementation Timeline - The rules are currently open for public comment for one month, after which feedback will be reviewed and incorporated before final issuance [13]. - An adjustment period will be provided for operators to align their internal management systems with the new regulations [13].