Ali and meituan were punished, the antitrust law of the people's Republic of China was revised, and the state antitrust bureau was established... 2021 is the "great year" of antitrust. This year, the platform economy blew an anti-monopoly storm, and the construction of anti-monopoly rule of law has been continuously improved. On December 26, the 2021 annual meeting of the anti-monopoly and Anti Unfair Competition Law Research Society of Guangdong law society and the Guangdong Hong Kong Macao Great Bay Competition Policy Cooperation Summit Forum continued to collide, and more than 35 experts contributed their insights online and offline. In the context of strengthening antitrust supervision, experts suggest that to further enrich the antitrust supervision methods in the field of platform economy, Guangdong, Hong Kong and Macao Dawan district can explore the establishment of a joint working meeting of the Competition Commission and explore the formulation of the model rules of the unified competition law in Dawan district. At the meeting, the Guangdong, Hong Kong and Macao Institute of competition and development of Jinan University was officially inaugurated, adding a "think tank" for anti-monopoly and anti unfair competition in the Great Bay area of Guangdong, Hong Kong and Macao. Put the algorithm in the cage of the system On October 23 this year, the anti monopoly law of the people's Republic of China solicited public opinions. This is the first major overhaul in the 13 years since the implementation of China's anti-monopoly law. "The draft amendment introduces a 'safe harbor' rule similar to the EU competition law, which is necessary to improve the transparency of law enforcement and save law enforcement resources." Wang Xiaoye, researcher of the Chinese Academy of Social Sciences and distinguished professor of Shenzhen University, is particularly concerned about the "safe harbor" rule in the revised draft. At the same time, she also proposed that the "safe harbor" rule is to provide anti-monopoly exemption for agreements restricting competition that meet certain conditions. At present, the amendment draft has not made it clear that the agreement to enter the "safe harbor" is not illegal, nor does it make it clear that agreements aimed at distorting competition cannot enjoy the benefits of "safe harbor", which needs to be further studied carefully. "Strengthening anti-monopoly has become the norm. Its essence is to promote the anti-monopoly law enforcement of cases with significant impact. We should effectively allocate the limited anti-monopoly law enforcement forces and law enforcement resources." Wang Jian, Dean of the school of law and politics of Zhejiang University of technology and a member of the expert advisory group of the antitrust Commission of the State Council, is concerned about the structural reform of antitrust fines in China. "The antitrust penalty under the dual structure system not only considers the sales involved in illegal acts, but also considers the total sales related to deterrence effect, forming the coexistence of antitrust penalty calculation terms and capping terms, which can coordinate the relationship between penalty equivalence and the concept of penalty deterrence. It is imperative for China's antitrust penalty to move towards the dual structure system." He said. Platform enterprises are emerging market players under the background of Internet economy. They are the product of the combination of scientific and technological innovation and business model innovation, and have penetrated into all links of economic life. The regulation of monopoly behavior in the field of platform economy has also become a hot topic among on-site experts. Zhang Chenying, Professor of Law School of Tsinghua University and member of the expert advisory group of the anti monopoly Commission of the State Council, with the theme of "value consideration and path of anti-monopoly of platform economy", expounded the anti-monopoly wave towards Internet platform from a global perspective. "The rise of Internet platform is one of the three landmark events of the digital revolution. From the intermediary function based on interconnection to the commercial function characterized by big data to the ecological function aimed at multi industry integration, the platform has experienced triple evolution." She proposed that important pre event supervision and post event supervision should be carried out in parallel to enrich the anti-monopoly supervision methods in the field of platform economy. "Data, algorithm and computing power are the three elements of the digital economy. Many behaviors of the platform economy revolve around data." Shi Jianzhong, vice president of China University of political science and law and member of the expert advisory group of the antitrust Commission of the State Council, paid attention to the business logic and data governance of the platform. In the process of development, some platform enterprises rely on the advantages of data, technology and capital in the business process, and with the support of continuously optimized algorithms and continuously improved computing power, implement behaviors that exclude and restrict competition and infringe on the interests of consumers, such as "one out of two", "big data ripening", "self preferential treatment", "strangling acquisition", etc. In his opinion, we should "put the algorithm into the cage of the system", create a fair competition market environment and safeguard the legitimate rights and interests of consumers. Chen Bing, Professor of Law School of Nankai University, pays attention to the constraints and Countermeasures of market-oriented allocation of data elements. He suggested that we should take "data related behavior" as the benchmark, involving dynamic ownership system, building a unified and open data element trading market, etc. Exploring the establishment of a joint working meeting of Dawan district competition committee Fair competition is not only the basic principle of market economy, but also an important basis for the efficient operation of market mechanism. How to coordinate competition policy in the development of regional integration? Wang Xianlin, Professor of Kaiyuan Law School of Shanghai Jiaotong University and member of the expert advisory group of the anti monopoly Commission of the State Council, believes that an important task in the implementation of regional coordinated development is to break down local administrative barriers and various barriers in the construction of a unified market. By protecting and promoting market competition, competition policy ensures the positive role of competition mechanism, so as to improve production efficiency and resource allocation efficiency. "For promoting coordinated regional development, it is very necessary to coordinate competition policy, especially in the field of anti administrative monopoly law enforcement and fair competition review." He said. Fei Lanfang, a researcher at the research center of competition law and industrial development of Jinan University, looked at the cooperation of competition law enforcement in the bay area from the perspective of competition law enforcement in the port industry. In her view, Hong Kong's shipping industry has high market concentration and high market entry barriers. The relaxation of Hong Kong's anti-monopoly exemption system for international shipping can provide law enforcement reference for the mainland in the future, work together towards a more standardized law enforcement process and realize information sharing. Yuan Jia, associate professor of Law School of Sichuan University, believes that the coordination of competition policies of EU Member States has some enlightenment for Dawan district. "EU law enforcement agencies have parallel jurisdiction, but usually follow the principle of 'optimal jurisdiction', implement unified substantive rules, but have different procedural rules. When the case has cross member state influence or affects the markets of more than two member states, it shall be under the jurisdiction of the European Commission." He suggested that we could explore the establishment of a joint working meeting of the Competition Commission of Guangdong, Hong Kong and Macao Dawan District, explore the formulation of the model rules of the unified competition law of Dawan District, and then convert them into local legislation through their respective local legislative procedures. "In terms of law enforcement cooperation, explore the establishment of a joint investigation mechanism for cross regional influence cases, and regional law enforcement agencies carry out competition advocacy and publish market competition evaluation from time to time." cube Liu Yanxi, director of (Guangzhou) law firm, looked at the antitrust compliance of operators in high-risk industries from case statistics. According to statistics, since the implementation of the antitrust law on August 1, 2008, as of May 31, 2021, there were 439 public cases of antitrust administrative law enforcement, including 136 cases of operator concentration, 111 cases of administrative monopoly, 110 cases of horizontal monopoly agreement and market abuse 60 cases of dominant position and 22 cases of vertical monopoly agreement. "In 2021, the number of antitrust cases surged, and the number of administrative law enforcement cases published in the first five months exceeded the number of cases published each year in the previous two years." He suggested that enterprises should establish an anti-monopoly compliance system, identify, evaluate and manage anti-monopoly compliance risks, and establish and improve the risk disposal mechanism. (Xinhua News Agency)