The new "anti-monopoly law" was formally implemented, showing the characteristics of the platform economy.
Release time:
2022-08-19 14:02
revised by the npc standing committeeofAnti-monopoly Law of the People's Republic of China (hereinafter referred to as "Anti-monopoly Law")InFrom 1 August 2022Formal implementation,This revision isThe Anti-LawFromFirst revision since implementation in 2008,It further clarifies the relevant legal rules and plays an important role in maintaining the order of fair competition.

On June 8, 2022, the State Administration for Market Regulation issued the Annual Report on China's Anti-monopoly Law Enforcement (2021). Data show that in 2021, a total of 175 monopoly cases of various types were investigated and dealt with nationwide, an increase of 61.5 percent year-on-year, and the amount of fines and confiscations was 23.592 billion yuan.Among them form,alibaba group and the united states groupThe "two-for-one" monopoly case was fined 18.228 billion yuan and 3.442 billion yuan respectively.,Cases in the field of platform economyFinethe total amounthalf,It has aroused widespread concern about monopolistic behavior in society.. Platform economic fieldThe emergence of monopoly behavior,Seriously jeopardize the order of fair competition in the market..
The newly revised Anti-monopoly LawThere are 70 articles in 8 chapters, and there are 36 changes in the articles.,NewArticle 12.This revisionCompliance PlatformThe law of competition in the economy, legislation around the core elements of competition in the platform economy..The main contents of the revision include the following aspects:1,Increase penalties for violations,《AntiThe Law has greatly increased the amount of fines for related violations, and at the same time increased more forms of illegal punishment such as punishment for breach of trust and criminal liability. Article 60Provisions,Where a business operator conducts a monopolistic act and harms the public interest, the people's procuratorate at or above the city level divided into districts may file a civil public interest lawsuit with the people's court in accordance with the law.2,Establishment"Safe Harbor" System,《AntiAct No.Article 18 stipulates that "operators who can prove that their market share in the relevant market is lower than the standards set by the anti-monopoly law enforcement agency of the State Council and meet other conditions set by the anti-monopoly law enforcement agency of the State Council shall not be prohibited."This provision is conduciveThe predictability of small and medium-sized enterprises to the risk of monopoly agreement helps to reduce the cost of administrative law enforcement and improve the efficiency of law enforcement.3,Norms the organization,Helping Monopoly Behavior,《AntiArticle 19 of the LawProvisions,The operator shall not organize other operators to reach a monopoly agreement or provide substantive assistance to other operators in reaching a monopoly agreement. Require EnterpriseBusiness Processin, not only to ensure non-participation in the relevant monopoly agreements, but alsoAlsocannot provide any assistance to other enterprises in entering into monopoly agreements orActs of Convenience.4,Increase the regulation of the platform economy,《AntiLawArticle 9 Provisions,Operators shall not use data and algorithms, technology, capital advantages and platform rules to engage in monopolistic acts prohibited by this law.Article 22 Provisions,A business operator with a dominant market position shall not use data, algorithms, technologies, and platform rules to engage in the abuse of dominant market position provided for in the preceding paragraph. Digital Platformrapid development in recent years,affected every aspect of people's lives,OnlyUnder the framework of compliance and legality,InGive full play to its value and advantages in scientific and technological innovation.This timeThe Platform EconomyRevision,largely to contain"Big Data Kill",“Choose one of twoSuch as the emergence of new market monopoly behavior.,Conducive to maintaining the healthy development of the platform economy.
Digital technology to flourish and widely used,Both brought about the vigorous development of the market,New monopoly features have been added..The revision of the Anti-Monopoly Law strengthens the ability of anti-monopoly supervision and realizes the positive interaction between fair competition and innovation and development.
Economy, monopoly, platform, regulation, behavior, operator, revision, anti-law, market, agreement