China News Service, November 10th. According to the website of the State Administration for Market Regulation, in order to prevent and stop monopolistic activities in the Internet platform economy, reduce administrative enforcement and operator compliance costs, strengthen and improve anti-monopoly supervision in the platform economy, and protect market fairness To compete, safeguard the interests of consumers and the public interest, and promote the sustainable and healthy development of the platform economy, the State Administration for Market Regulation recently drafted the "Guidelines for Anti-Monopoly in the Field of Platform Economy (Draft for Comment)" and solicited public opinions.
The draft is divided into six chapters: General Provisions, Monopoly Agreement, Abuse of Market Dominance, Concentration of Operators, Abuse of Administrative Power to Eliminate and Restrict Competition, and Supplementary Provisions.
In terms of related concepts, the draft for comments states:
Platform. The platform referred to in this guide is an Internet platform, which refers to a form of business organization that uses network information technology to enable mutually dependent multilateral entities to interact under the rules and matching provided by a specific carrier to jointly create value.
Platform economy refers to an economic form in which the Internet platform coordinates and organizes resource allocation.
Platform operators are operators who provide Internet platform services such as business premises, transaction matching, and information exchange to natural persons, legal persons and other market entities.
Operators on the platform refer to operators who provide goods or services (hereinafter collectively referred to as goods) on the Internet platform.
Operators in the field of platform economy include platform operators, operators within the platform and other operators participating in the platform economy.
The draft for comments is clear, and the implementation of anti-monopoly supervision in the field of platform economy adheres to the following principles: create a fair competition order, strengthen scientific and effective supervision, stimulate innovation and creativity, promote the healthy development of the industry, and safeguard the legitimate interests of all parties.
The consultation draft pointed out that operators in the field of platform economy with a dominant market position may abuse their dominant market position by selling goods at unfairly high prices or buying goods at unfairly low prices.
To analyze whether it constitutes an unfairly high price or an unfairly low price, the following factors can be considered: whether the price is significantly higher or significantly lower than that of operators in other platform economic sectors under the same or similar market conditions of the same commodity or comparable commodity Price; whether the price is significantly higher or significantly lower than the price of the same commodity or comparable commodity in other regions with the same or similar market conditions of the operator in the economic field of the platform; if the cost is basically stable, the operator in the economic field of the platform Whether to increase the selling price or reduce the purchase price beyond the normal range; whether the price increase of the goods sold by the operators of the platform economy is significantly higher than the increase in cost, or whether the price decrease of the purchased goods is significantly lower than the reduction in cost.
The draft for comments pointed out that platform operators with dominant market positions may abuse their dominant market positions and sell goods at prices below cost without justified reasons, eliminating or restricting market competition.
Analyze whether it constitutes below-cost sales, generally focusing on whether the platform operator squeezes out other platform operators with a competitive relationship at a price below the cost, and whether the price increase is improperly obtained after squeezing other platform operators out of the market Benefits and other circumstances.
The draft for comments pointed out that operators in the field of platform economy with a dominant market position may abuse their dominant market position and refuse to conduct transactions with counterparties without justifiable reasons to exclude or restrict market competition.
To analyze whether it constitutes a refusal to trade, the following factors can be considered: stop, delay, interrupt the existing transaction with the counterparty; refuse to carry out new transactions with the counterparty; set restrictions and restrictions on platform rules, algorithms, technology, and traffic distribution. Obstacles make it difficult for counterparties to conduct transactions; operators who control the necessary facilities in the economic field of the platform refuse to conduct transactions with counterparties on reasonable terms.
The draft for comments pointed out that operators in the field of platform economy with a dominant market position may abuse their dominant market position, restrict transactions to counterparties without justified reasons, and exclude or restrict market competition.
To analyze whether it constitutes a restricted transaction behavior, the following factors can be considered: require the counterparty of the transaction to “choose one of two” or other behaviors with the same effect between the competitive platforms; limit the counterparty of the transaction to conduct exclusive transactions with it; Conduct transactions with designated business operators; restrict counterparties to transactions not with specific business operators.
The draft for comments points out that administrative agencies and organizations authorized by laws and regulations to manage public affairs are engaged in the following acts to exclude or restrict market competition in the platform economy, which may constitute an abuse of administrative power to exclude or restrict competition:
One is to restrict or disguisely restrict the operation, purchase, and use of goods provided by operators in the platform economy field designated by them, or goods related to platform services provided by other operators;
The second is to set discriminatory standards and implement discriminatory policies for operators in the field of foreign platform economics, and adopt administrative licenses and filings specifically for operators in the field of foreign platform economics, or to block or restrict foreign platforms through software or the Internet. Operators in the economic field enter the local market, hindering the free circulation of goods between regions;
Third, by setting discriminatory qualification requirements, review standards, or not publishing information in accordance with the law, to exclude or restrict operators in the economic field of foreign platforms from participating in local tendering and bidding activities;
The fourth is to impose discriminatory treatment on operators in the economic field of foreign platforms, and exclude, restrict or force foreign operators to invest locally or establish branches;
Fifth, it is forcing or disguisedly forcing operators in the field of platform economy to engage in monopolistic behaviors prescribed by the Anti-Monopoly Law;
Sixth, administrative agencies formulate and publish regulations, normative documents and other policy measures that involve the economic activities of market entities in the platform economy field in the form of regulations, methods, decisions, announcements, notices, opinions, meeting minutes, etc. .