On February 7, the Anti-Monopoly Commission of the State Council formulated and issued the Anti-Monopoly Guidelines of the Anti-Monopoly Commission of the State Council on Platform Economy (hereinafter referred to as the”Guide”), emphasizing The”Anti-Monopoly Law” and supporting laws and regulations apply to all industries, treat all types of market players equally, and treat them fairly, aiming to prevent and stop monopolistic behavior in the platform economy, and promote the orderly, innovative and healthy development of the platform economy.
The”Guide” is based on the”Anti-Monopoly Law” and has six chapters and 24 articles, including general provisions, monopoly agreements, abuse of dominant market position, concentration of operators, and abuse Administrative power excludes restrictions on competition and by-laws. The “Guide” defines basic concepts such as platforms, platform operators, operators in the platform, and operators in the field of the platform economy, and proposes that the anti-monopoly supervision of the platform economy should adhere to the protection of fair market competition, scientific and efficient supervision in accordance with the law, stimulating innovation and creativity, and maintenance The principle of the legitimate interests of all parties. Taking into account the complexity of the platform economy, the”Guide” emphasizes that the definition of the relevant market in the field of the platform economy needs to follow the general principles determined by the”Anti-Monopoly Law”, while considering the characteristics of the platform economy for case analysis.
Combined with the characteristics of platform economy, the”Guide” clarifies the form of monopoly agreement, makes specific provisions on other coordinated behaviors, and achieves horizontal and vertical monopoly on operators in the field of platform economy The agreement, the hub-and-spoke agreement, the specific methods for identifying coordinated behavior in the field of platform economy, law enforcement considerations, etc. are explained, and the leniency system regulations are refined.
In response to hot issues such as”choose one” and”big data”, which are frequently reflected by all parties in society, the”Guide” clearly identifies abuse in the field of platform economy Market dominance behavior usually needs to define the relevant market first, analyze whether the operator has a dominant position in the relevant market, and then analyze whether it constitutes an abuse of market dominance based on the case. The “Guide” lists in detail the consideration factors for determining or presuming that an operator has a dominant market position, including the operator’s market share, relevant market competition conditions, the operator’s ability to control the market, the operator’s financial and technical conditions, and other operators’ Dependence, difficulty of market entry, etc. At the same time, the”Guide” detailed the manifestations of abuse of market dominance, such as unfair price behavior, below-cost sales, refusal to trade, restricted trading, tie-in sales, or additional treatment of unreasonable trading conditions, etc., to promote various aspects of the platform economy. Such market entities operate in compliance with laws and regulations.
Focusing on the concentration of operators in the platform economy, the”Guide” distinguishes the calculation methods of different types of platform operators in terms of reporting standards, and clarifies the operation of the agreement control structure Concentration of persons falls within the scope of anti-monopoly review. The”Guide” emphasizes that if the concentration of undertakings does not meet the reporting standards but has or may have the effect of eliminating or restricting competition, the Anti-monopoly Law Enforcement Agency of the State Council will investigate and deal with it in accordance with the law. At the same time, the”Guide” clarifies the factors that can be considered in evaluating the competition impact of the concentration of operators in the platform economy, and the type of additional restrictive conditions that the Anti-monopoly Law Enforcement Agency of the State Council can determine.
The”Guide” provides a special chapter on the prevention of abuse of administrative power to exclude and restrict competition in accordance with the law, and refine the manifestations of abuse of administrative power to exclude and restrict competition in the economic field of the platform , Requiring fair competition review on the formulation of regulations and normative documents involving the economic activities of market entities in the field of platform economy.
The”Guide” provides scientific, effective and targeted institutional rules for strengthening anti-monopoly supervision in the field of platform economy, which is conducive to anti-monopoly law enforcement agencies to unify law enforcement standards and improve Enforcement transparency, to promote various market entities to deepen their understanding and understanding of the”Anti-Monopoly Law.” In the next step, anti-monopoly law enforcement agencies will deeply grasp the laws and characteristics of platform economic development, strengthen platform economic anti-monopoly supervision, continuously improve platform economic supervision rules, strictly regulate fair and civilized law enforcement, protect fair market competition, safeguard consumer interests, and promote platforms in my country Economic regulation, orderly innovation and healthy development.
Related reports:Anti-monopoly Guidelines of the State Council Anti-Monopoly Commission on Platform Economy (National Anti-monopoly Issue [ 2021] No. 1)