互联网平台反垄断合规研究 -- 基于中国反垄断局行政处罚案件分析 --

Abstract

Compliance is generally accepted by the international community as an enterprise management concept and one of the internationally recognized advanced enterprise man agement foundations. Corporate compliance originated from the United States, has a hist ory of more than 60 years, and has been proposed for several years in China. However, most of the earliest concerns about this topic are foreign listed companies and foreign companies in China, which ushered in a period of rapid development after the 1990s. Compliance has become an inevitable requirement for modern enterprises to participate in global market competition and the only way for enterprises to grow. Internet platform is a new economic center integrating information collection, factor production, resource allocation and rule-making. The platform reshapes the process and organization of economic production, and changes the way of resource allocation. The platform economy shows different competitive characteristics from the traditional econo my. The development of the internet has led to the diversification of monopoly behavior s. For example, the new monopoly agreement of algorithm collusion appears. It is more difficult to identify the monopoly behaviors of internet platforms that abuse their domina nt market position, and the concentration of operators that fail to meet the declaration standards is rampant. In order to regulate the monopoly behavior of internet platforms and promote the compliance management of internet platforms, various committees of the State Council departments and local governments have issued a series of documents and norms on the economic development of platforms, which has a certain guiding role in the compliance construction of internet platforms. Antitrust compliance is the focus of compliance risk for the healthy development of internet platforms in the future. This paper selects 105 internet platform monopoly cases published by the Antimono poly Bureau of the State Administration of Market Supervision and Administration of China as the research sample. Through the classification and collation of these cases from different angles, statistics are carried out by means of graphics and tables. On this basis, the monopoly behavior of the internet platform and the administrative measures taken by the administrative body are sorted out and summarized. Combined with the current situation of legislation, the problems existing in the anti-monopoly compliance of the internet platform are summarized, and the corresponding countermeasures and solutions are put forward, such as clarifying the specific compliance obligations of the internet platform, strengthening the supervision of the anti-monopoly compliance of the internet platform, and giving full play to the substantive role of the anti-monopoly compli ance system.