每经热评︱反不正当竞争法再修订 以法治利剑斩断“内卷”枷锁

Core Viewpoint - The newly revised Anti-Unfair Competition Law aims to address the issue of "involution" in competition, which has become a significant challenge in the current market environment [1] Group 1: Addressing Malicious Price Competition - The law targets the issue of low-price competition, which leads to thin or negative profit margins for businesses, making it unsustainable [2] - It highlights the phenomenon of "bad money driving out good," where lower-quality products can still be profitable at lower prices, harming consumers and legitimate businesses [2] - The new law prohibits misleading advertising and requires platforms to refrain from forcing merchants to sell below cost, thereby protecting the interests of small and medium-sized enterprises [2] Group 2: Regulating Dominant Market Players - The law addresses the abuse of market position by large "chain master" enterprises that dominate pricing and supply chains [3] - It prohibits these enterprises from imposing unreasonable payment terms and conditions on smaller businesses, ensuring fairer trading opportunities [3] Group 3: Combating Negative Competitive Practices - The law aims to eliminate practices where companies undermine each other through false information or smear campaigns, which disrupt market order [4] - It includes provisions to regulate non-market factors that interfere with competition, such as tailored subsidies for local businesses that disadvantage outsiders [4] Group 4: Strengthening Legal Enforcement - The revised law expands the scope of regulatory oversight and allows any individual or entity to report suspected unfair competition, ensuring timely legal action [5] - It increases penalties for violations, such as raising the maximum fine for commercial bribery from 3 million to 5 million yuan, and introduces fines for forced sales on platforms ranging from 50,000 to 200,000 yuan [5] - The law emphasizes the importance of legal frameworks in maintaining market order and ethical business practices, which is crucial for addressing "involution" in competition [5]