Anti-monopoly Guidelines of the Anti-monopoly Commission of the State Council on Platform Economy Released2021-03-121014
Anti-monopoly Commission of the State Council
DATE OF ISSUANCE:
February 7, 2021
February 7, 2021
On February 7, 2021, the Anti-monopoly Commission of the State Council released the Anti-monopoly Guidelines of the Anti-monopoly Commission of the State Council on Platform Economy (the "Guidelines" ), which became effective on the same day, February 7, 2021.
The Guidelines cover 6 Chapters and 24 Articles. Chapter 1 is about General Provisions; Chapter 2 is about Monopoly Agreements; Chapter 3 is about Abusing Market Dominant Position; Chapter 4 is about Concentration of Undertakings; Chapter 5 is about Abusing Administrative Power to Eliminate or Restrict Competition; and, Chapter 6 is about Supplementary Provisions.
The Guidelines require anti-monopoly law enforcement authorities to adhere to the following basic principles in their anti-monopoly supervision and administration in the field of platform economy:
(I) Protect fair market competition. Anti-monopoly law enforcement authorities shall treat market players equally, focus on preventing and prohibiting monopolistic conduct, improve the legal rules for determining monopoly in respect of platform enterprises, protect fair competition in the field of platform economy, prevent disorderly expansion of capital, support the innovative development of platform enterprises, and enhance the international competitiveness of platform enterprises.
(II) Regulate in a lawful, scientific and efficient manner. The basic systems, regulatory principles and analytical framework established in the AML and the supporting regulations, rules and guidelines are applicable to all market players in the field of platform economy. Anti-monopoly law enforcement authorities shall strengthen competition analysis and legal arguments, constantly strengthen and improve anti-monopoly supervision and administration, and make anti-monopoly law enforcement more targeted and scientific, according to the development status, development rules and their own characteristics of platform economy, and in light of the specific circumstances of cases.
(III) Stimulate innovation and creativity. Anti-monopoly law enforcement authorities shall create an environment for orderly, open and inclusive development with reduced market entry barriers, guide and stimulate undertaking of the platforms to use more resources for technological innovation, quality improvement, service improvement and model innovation, prevent and curb practices that eliminate and restrict competition, restrain the innovative development of platform economy and the vitality of economy, effectively stimulate the innovative and creative power of the whole society for innovation, and build new advantages and new drivers for economic and social development.
(IV) Safeguard the legitimate interests of all parties. The development of the platform economy involves multiple entities. The anti-monopoly regulator shall, while protecting fair competition in the field of platform economy, and giving full play to the platform economy to promote the optimization of resource allocation, technological advancement and efficiency improvement, focus on protecting the legitimate rights and interests of all parties using the platform, including undertakings, consumers and employees in the platform. It shall also strengthen the overall planning and coordination between anti-monopoly law enforcement and industry supervision and administration, so as to enable the whole of society to share the achievements of technological progress and economic development of the platform economy and achieve the harmonious and healthy development of the whole platform economy.