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反不正当竞争法修订完成!完善治理平台“内卷式”竞争规定
Nan Fang Du Shi Bao·2025-06-27 09:10

Core Viewpoint - The newly revised Anti-Unfair Competition Law will take effect on October 15, 2025, aiming to enhance market competition order and establish a unified, open, competitive, and orderly market system [1]. Summary by Sections General Principles - The law includes five chapters: general principles, unfair competition behaviors, investigation of suspected unfair competition behaviors, legal responsibilities, and supplementary provisions [1]. Unfair Competition Behaviors - The law emphasizes the need to address "involution-style" competition and introduces regulations for fair competition review systems [1][2]. - It clarifies the obligations of platform operators to manage unfair competition behaviors among their internal operators [3]. Investigation and Legal Responsibilities - The law specifies the criteria for behaviors that constitute confusion-related unfair competition, such as using others' trademarks as business names or setting others' product names as search keywords [3]. - It defines the elements constituting unfair competition behaviors like infringement of data rights and malicious trading [4]. Administrative Enforcement - The law aims to tackle issues related to large enterprises abusing their relative advantages to delay payments to small and medium-sized enterprises, and it increases the administrative penalty authority's level [5]. Focus on Platform Competition - Discussions during the legislative process highlighted the need for stricter regulations on platform unfair competition behaviors, with suggestions for detailed provisions to facilitate enforcement [6]. - Specific provisions addressing "forced pricing below cost" and "large enterprises abusing their dominant position" were noted as responsive to recent developments in internet technology and business models [6]. Digital Environment Concerns - There are calls to further specify unfair competition behaviors in the digital environment, particularly regarding the misalignment of responsibilities between AI-generated technologies and e-commerce platforms [6]. - A proposal was made to introduce penalties for "aiding behaviors," where individuals or entities knowingly support others in engaging in unfair competition practices [7].