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互联网平台反垄断合规指引发布 明确划出“二选一”等8种行为“红线”
Sou Hu Cai Jing· 2026-02-13 23:04
Core Viewpoint - The Market Regulation Administration has released the "Antitrust Compliance Guidelines for Internet Platforms," which further refines antitrust compliance rules and provides clearer guidance for platform operators, aiming to promote innovation and healthy development in the platform economy [2] Group 1: Antitrust Compliance Principles - Platform operators are required to adhere to four principles: targeted, comprehensive, penetrating, and continuous in their antitrust compliance management [3] - The guidelines emphasize the importance of fair rules, ethical algorithms, and compliant competition, urging operators to take responsibility for antitrust compliance and avoid engaging in monopolistic behaviors prohibited by the Anti-Monopoly Law of the People's Republic of China [3] Group 2: Identified Monopolistic Risks - The guidelines outline four categories of monopolistic risks: monopoly agreements, abuse of market dominance, concentration of operators, and abuse of administrative power to exclude or restrict competition [4] - Eight new types of monopolistic risks specific to the platform economy are identified, including algorithm collusion between platforms, assisting platform operators in reaching monopoly agreements, unfair high pricing, below-cost sales, blocking or shielding, "choose one of two" behavior, "lowest price on the entire network," and differential treatment by platforms [4] Group 3: Specific Examples of Monopolistic Behavior - The guidelines specify that platforms with market dominance may engage in "choose one of two" behavior, coercing trading partners to choose between the dominant platform and competitors, potentially using punitive or incentivizing measures to enforce this behavior [4] - An example provided illustrates a dominant platform operator requiring internal operators to commit not to cooperate with competing platforms, imposing penalties such as reduced search rankings or product delisting for non-compliance, thereby restricting market competition [4] Group 4: Unfair Pricing Practices - The guidelines indicate that dominant platform operators may exploit their position to charge unfairly high fees to internal operators, even when costs remain stable, thereby harming the interests of these operators [5] - The guidelines also suggest effective measures for antitrust compliance risk management, including risk assessments by industry, necessary actions based on risk levels, and comprehensive risk prevention throughout the operational chain [5]
《互联网平台反垄断合规指引》发布
券商中国· 2026-02-13 11:06
《指引》将《中华人民共和国反垄断法》的系列核心条款转化为具体可识别的行为边界。根据平台经济行 业特点、经营模式、竞争规律等,指引提出了8个场景中的新型垄断风险,包括: 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 网最低价"、平台差别待遇 ,为平台经营者加强反垄断合规管理提供可操作性强的指导建议。 市场监管总局关于印发 据市场监管总局,为支持和引导互联网平台经营者有效防范反垄断合规风险,促进平台经济创新和健康发 展, 《互联网平台反垄断合规指引》今天发布 。 互联网平台涉及平台经营者、平台内经营者、消费者和从业人员等多方主体。平台经营者能够通过平台规 则、数据、算法、技术手段等影响平台竞争生态,一旦平台经营者从事排除、限制竞争行为,将会损害多 方主体利益。执法实践显示,互联网平台具有独特的竞争特点和规律,在垄断行为类型、表现、损害等方 面与传统领域存在一定差异,平台经济新业态新模式不断涌现,竞争行为纷繁复杂,平台经营者对识别垄 断风险、明晰行为边界充满期待。 制定《指引》是对反垄断合规制度规则的进一步细化,有利于回应平 台经营者关切,支持 ...
平台企业反内卷迈出重要一步
第一财经· 2025-12-26 13:29
Core Viewpoint - The article discusses the newly released "Internet Platform Pricing Behavior Rules" aimed at regulating pricing practices in the platform economy, promoting healthy development and fair competition among platform operators [3][4]. Group 1: Overview of the New Rules - The "Behavior Rules" consist of 7 chapters and 29 articles, prohibiting practices such as predatory pricing, price discrimination, collusion to raise prices, price fraud, and price gouging [3]. - The rules aim to clarify the "red lines" and "bottom lines" for competition, ensuring a transparent and collaborative platform ecosystem [3][4]. Group 2: Specific Regulations for Platform Operators - The rules require platform operators to standardize their pricing behavior, protect the autonomy of pricing for operators, and disclose rules regarding differential pricing, dynamic pricing, and bidding rankings [4]. - There are specific requirements for clear pricing, including the need for transparent promotional rules and the prohibition of unreasonable restrictions on pricing behavior by platform operators [4]. Group 3: Consumer Protection Measures - The rules implement a clear pricing system to enhance consumer rights, ensuring transparency in dynamic and differential pricing, and regulating automatic payments and renewals [4][5]. - The rules also address common promotional practices like "full reduction," "red envelopes," and "flash sales," mandating transparency to prevent misleading pricing tactics [5]. Group 4: Implementation Timeline - The "Behavior Rules" will take effect on April 10, 2026, allowing time for platform operators to align with the new regulatory requirements [5].
推动平台经济健康发展
Jing Ji Wang· 2025-12-22 02:55
Core Viewpoint - The introduction of the "Internet Platform Pricing Behavior Rules" marks a significant step towards institutionalizing and refining price governance in China's platform economy, aiming to protect the rights of consumers and operators while promoting a healthy market environment [3] Group 1: Regulatory Framework - The "Behavior Rules" aim to establish a normalized price regulation mechanism for internet platforms, ensuring compliance with pricing behaviors and protecting the legitimate rights of consumers and operators [1] - The rules were developed after public consultation, focusing on standardizing pricing behavior, enhancing transparency, and fostering collaboration among stakeholders to create a healthy platform ecosystem [2] Group 2: Key Provisions - The rules specify that platform operators must respect the pricing autonomy of platform operators and cannot impose unreasonable restrictions or conditions on their pricing behaviors [2][4] - The rules require clear price marking, including the disclosure of dynamic pricing, differential pricing, and promotional rules, while regulating subsidy and promotional activities [4] - The rules prohibit unfair pricing practices such as predatory pricing, price discrimination, collusion, price gouging, and price fraud to maintain a fair competitive order [4][5] Group 3: Consumer Protection - The rules mandate that operators provide clear options for services like automatic renewals and one-click cancellations, ensuring consumers are well-informed and can easily opt-out of services [4][5] - The rules address issues like "big data pricing" and require the disclosure of algorithm rules to prevent unjustified price differences for the same transactions [5] Group 4: Implementation and Compliance - The "Behavior Rules" will take effect on April 10 of the following year, with platforms required to conduct self-assessments against the regulatory requirements before implementation [6] - Platform operators are expected to refine their internal compliance systems in line with the rules, particularly regarding consumer price rights and the autonomy of platform operators [7] Group 5: Collaborative Governance - Effective implementation of the rules requires a collaborative effort among government, platforms, industries, and society, with a focus on enhancing operational feasibility through detailed supporting policies [8] - Platforms are encouraged to shift from passive compliance to proactive governance, including internal audits and establishing transparent pricing complaint channels [8]
三部门发布互联网平台价格行为规则:规范价格竞争秩序 构建良好平台生态
Core Viewpoint - The National Development and Reform Commission, along with the State Administration for Market Regulation and the National Internet Information Office, has released the "Internet Platform Pricing Behavior Rules" to promote innovation and healthy development in the platform economy [1][2]. Group 1: Key Content of the Rules - The rules aim to standardize pricing competition order by detailing regulatory requirements based on existing laws, providing clear pricing behavior guidelines for platform operators and internal operators, and fostering a market order characterized by quality and healthy competition [1]. - The rules emphasize the protection of operators' autonomy in pricing, stating that platform operators must not impose unreasonable restrictions or conditions on the pricing behavior of internal operators [1]. - Consumer rights are also a focus, with the implementation of clear pricing systems, promotion of dynamic and differential pricing transparency, and regulation of services like automatic payments to better protect consumers' rights to information and choice [1]. Group 2: Implementation Timeline - The "Behavior Rules" will take effect on April 10, 2026, allowing operators sufficient time to adjust to the new regulations [2]. - The three departments will organize major platform operators to conduct self-inspections against the regulatory requirements outlined in the "Behavior Rules" to ensure compliance and effective policy implementation [2].
互联网平台定价规则2026年4月实施 七章29条护航平台经济高质量发展
Chang Jiang Shang Bao· 2025-12-21 23:12
Core Viewpoint - The newly released "Internet Platform Pricing Behavior Rules" aims to establish a regulatory framework for pricing practices on internet platforms, ensuring market fairness and consumer rights protection [1][2]. Group 1: Regulatory Framework - The "Behavior Rules" consist of 7 chapters and 29 articles, delineating the pricing conduct boundaries for platform operators and internal operators [1][2]. - The rules will be implemented on April 10, 2026, allowing operators time to adjust to the new regulations [1][3]. Group 2: Protection of Operators and Consumers - The rules enhance the protection of internal operators' autonomy in pricing, prohibiting unreasonable restrictions or conditions imposed by platform operators [3][6]. - Consumer rights are reinforced through the implementation of clear pricing standards, promoting transparency in dynamic and differential pricing, and regulating automatic payment services [3][4]. Group 3: Pricing Competition Standards - The rules specify standards for identifying unfair pricing practices, including predatory pricing, price discrimination, and collusion, while addressing issues like "big data price discrimination" [7]. - Platform operators are prohibited from spreading false price increase information, manipulating prices, or misleading consumers regarding pricing conditions [7]. Group 4: Compliance and Implementation - Platform operators are required to conduct self-assessments against the regulatory requirements and refine their internal compliance systems accordingly [3][4]. - There is an emphasis on educating internal operators about the new rules to foster a fair and orderly competitive environment [4].
三部门发布《互联网平台价格行为规则》 不得“大数据杀熟”、价格欺诈等
Mei Ri Jing Ji Xin Wen· 2025-12-21 21:06
Core Viewpoint - The release of the "Internet Platform Pricing Behavior Rules" aims to promote innovation and healthy development in the platform economy by establishing clear regulations for pricing behaviors of platform operators and internal operators [1][2]. Group 1: Pricing Behavior Regulations - The "Behavior Rules" consist of 7 chapters and 29 articles, outlining the norms that platform operators and internal operators must follow regarding pricing behaviors [1]. - The rules prohibit practices such as price discrimination, predatory pricing, price collusion, and price fraud, emphasizing the need for fair pricing competition [2]. - The rules apply to all pricing behaviors related to the sale of goods or services through internet platforms, including price setting, price changes, and fee collection [2]. Group 2: Consumer Protection Measures - The rules focus on protecting consumer rights by ensuring transparency in pricing, requiring operators to clearly display pricing options and provide easy cancellation methods for automatic payments [4]. - Operators are encouraged to establish online dispute resolution mechanisms and to publicly disclose pricing structures, including differential pricing and dynamic pricing [4]. - The rules mandate that estimated prices must be clearly communicated, including any potential differences between estimated and final prices [4]. Group 3: Implementation Timeline and Future Considerations - The "Behavior Rules" will take effect on April 10, 2026, allowing operators time to adjust to the new regulations [5]. - Experts emphasize the need for detailed implementation measures to ensure the effectiveness of the rules, particularly regarding cost accounting and third-party evaluation standards [6].
三部门联合发布《互联网平台价格行为规则》 将于2026年4月10日起实施
Ren Min Ri Bao· 2025-12-20 21:56
Core Viewpoint - The article discusses the release of the "Internet Platform Pricing Behavior Rules" by the National Development and Reform Commission, the State Administration for Market Regulation, and the National Internet Information Office to promote innovation and healthy development in the platform economy [1] Group 1: Regulation and Compliance - The rules aim to standardize pricing competition order by detailing regulatory requirements based on existing laws, providing clear pricing behavior guidelines for platform operators and internal operators to foster a quality and competitive market environment [1] - The rules will protect the autonomous pricing rights of operators within platforms, ensuring that platform operators cannot impose unreasonable restrictions or conditions on the pricing behaviors of internal operators [1] Group 2: Consumer Protection - The rules emphasize the protection of consumer rights by implementing a clear pricing system, promoting transparency in dynamic pricing and differential pricing, and regulating services such as password-free payments, automatic renewals, and automatic deductions to better safeguard consumers' rights to information and choice [1] Group 3: Implementation Timeline - The behavior rules are set to be implemented on April 10, 2026, allowing operators sufficient time to adjust to the new regulations [1] - The National Development and Reform Commission, the State Administration for Market Regulation, and the National Internet Information Office will organize major platform operators to conduct self-inspections against the regulatory requirements of the behavior rules [1]
事关互联网平台价格行为 专家解读来了
Core Viewpoint - The newly released "Internet Platform Pricing Behavior Rules" aims to establish a balanced ecosystem for platform economy by regulating pricing behaviors, protecting consumer rights, and allowing businesses to operate with more autonomy [1][4]. Group 1: Regulation of Pricing Behavior - The "Behavior Rules" consist of 7 chapters and 29 articles, focusing on standardizing pricing competition, protecting the pricing autonomy of operators, and safeguarding consumer rights [2][4]. - The rules specify that platform operators cannot impose unreasonable restrictions on the pricing behaviors of businesses on their platforms, ensuring a fair competitive environment [2][5]. - The implementation of the rules is set for April 10, 2026, allowing businesses time to adjust to the new regulations [3]. Group 2: Impact on Platform Economy - The introduction of the rules signifies a shift towards a more refined and regularized approach to pricing regulation in the platform economy, aiming to reshape the responsibilities and rights among platforms, businesses, and consumers [4][6]. - Platforms will face restrictions on using technical means to force businesses into price reductions or engage in practices like "choose one from two," which previously allowed them to gain competitive advantages at the expense of merchants [4][5]. - The rules will encourage platforms to adopt fairer and more transparent practices, enhancing their internal compliance and business model innovation [4][5]. Group 3: Benefits for Businesses and Consumers - The new regulations provide businesses with greater pricing autonomy and clearer operational boundaries, allowing them to develop pricing strategies based on their costs and brand positioning [5][6]. - The rules also impose detailed requirements for clear pricing and prohibit deceptive pricing practices, thereby protecting honest businesses and reducing consumer disputes [5][6]. - By addressing issues like price dumping and price discrimination, the rules aim to restore market pricing integrity and ensure that consumer benefits are prioritized [6].
保护自主定价、细化明码标价!一文了解互联网平台价格行为新规
Yang Shi Xin Wen· 2025-12-20 07:33
Core Viewpoint - The "Internet Platform Pricing Behavior Rules" issued by the National Development and Reform Commission, the State Administration for Market Regulation, and the National Internet Information Office aim to establish a regular pricing supervision mechanism for internet platforms, regulate pricing behaviors, protect the legal rights of consumers and operators, and promote the healthy development of the platform economy [1]. Group 1: Protection of Pricing Rights - Platform operators and internal operators are entitled to exercise their pricing rights and set reasonable prices, with agreements made through contracts or orders [2]. - Platform operators are prohibited from imposing unreasonable restrictions or conditions on the pricing behaviors of internal operators, such as forced price reductions or promotional tactics [2][4]. Group 2: Pricing Transparency - Platform operators must publicly disclose reasonable charging standards and cannot charge unreasonable fees to internal operators [4]. - Both platform operators and internal operators must implement clear pricing for goods and services, including additional service fees [5]. Group 3: Promotional Activities - Pricing promotions must be clearly marked, including rules, activity duration, and applicable scope, ensuring transparency in discount calculations [7]. - Platform operators must conduct promotions fairly and avoid misleading representations of subsidy amounts [7]. Group 4: Price Competition Order - Operators are prohibited from selling below cost to eliminate competition or disrupt market order [10]. - Price discrimination based on consumer data without their knowledge is not allowed [10]. Group 5: Consumer Rights Protection - Operators must adhere to legal and contractual obligations when charging consumers and provide clear options for additional services [13]. - Automatic payment methods must be clearly communicated to consumers, allowing them to cancel at any time [13]. Group 6: Implementation and Supervision - The rules will be effective for five years, starting from April 10, 2026, allowing operators time to adjust [13]. - Regulatory bodies will enhance collaboration and market supervision to ensure compliance with the pricing behavior rules [13].