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平台经济市场竞争治理再出发︱法经兵言
Di Yi Cai Jing· 2025-07-09 13:18
Core Viewpoint - The revised Anti-Unfair Competition Law aims to address new challenges in the current competitive landscape, particularly focusing on platform operators' obligations and responsibilities, thereby enhancing the regulatory framework for a healthy and orderly platform economy [1][2]. Summary by Sections Legislative Changes - The revision includes 28 amendments, expanding the scope of traditional competition regulations and emphasizing the need for fair competition in the digital economy [2][3]. - New provisions specifically target malicious trading behaviors such as false transactions and reviews, enhancing the regulatory framework for digital economy competition [3][4]. Platform Responsibilities - Article 21 introduces obligations for platform operators to maintain fair competition within their ecosystems, marking a shift from reactive to proactive governance [5][6]. - The law recognizes the complex interdependence between platforms and their operators, necessitating clear guidelines for platform operators' responsibilities [6][7]. Regulatory Framework - The law aims to prevent large enterprises from exploiting their advantages to suppress smaller competitors, promoting equality among market participants [3][8]. - The emphasis on platform operators' obligations reflects a broader trend towards comprehensive governance in the digital economy, addressing the challenges posed by new business models [5][7]. Implementation and Oversight - The law's implementation will require careful monitoring to prevent potential abuses of power by platform operators, ensuring that their management responsibilities do not lead to unfair competition [8][9]. - Future regulations may draw from international examples, such as the EU's Digital Markets Act, to better define the responsibilities of major platforms and protect user rights [10][11].
卷低价换流量?反不正当竞争法修订,何以遏制“内卷式”竞争
Nan Fang Du Shi Bao· 2025-07-04 13:27
Group 1 - The core issue of "involutionary competition" is characterized by excessive price competition among companies, leading to a decline in overall efficiency and quality of products and services [2][3] - The revised Anti-Unfair Competition Law, effective from October 15, 2025, introduces new regulations to curb "involutionary competition," particularly targeting platform operators who force merchants to sell below cost [1][5][9] - The law aims to shift the competitive model from "price wars" to "value wars," encouraging platforms to focus on service upgrades, technological innovation, and ecological optimization [1][6][8] Group 2 - Various industries, including e-commerce and automotive, have begun to respond to the central government's call to address "involutionary competition," with initiatives to resist price wars and promote industry self-discipline [3][4] - The e-commerce sector has seen significant changes, such as the modification of the "refund only" policy, allowing merchants more autonomy in handling refunds, which reflects a move away from aggressive price competition [3][4] - The automotive industry has also taken a stand against "price wars," with associations and regulatory bodies advocating for a halt to such practices, emphasizing that there are no winners in price wars [3][4] Group 3 - The new law establishes a fair competition review system and mandates that platform operators must not compel merchants to sell below cost, thereby maintaining market order [5][7] - The law emphasizes the responsibility of platform operators to manage competition within their ecosystems, ensuring that they do not engage in practices that lead to market chaos [8][9] - The introduction of penalties for platforms that enforce below-cost pricing aims to deter such practices and promote a healthier market environment [9][10] Group 4 - Challenges in implementing the new regulations include the difficulty in defining "below cost" and the potential for platforms to circumvent rules through indirect means [10][11] - Industry associations are encouraged to participate in governance by creating actionable industry standards and promoting transparency in competitive practices [11][12] - The distinction between legitimate price competition and "involutionary competition" is crucial, with regulatory bodies needing to refine enforcement standards to effectively combat unfair practices [11][12]
反不正当竞争法修订指向“内卷式”竞争,如何保障执行实效
Di Yi Cai Jing· 2025-07-01 13:16
Core Points - The revised Anti-Unfair Competition Law addresses significant issues in market competition, particularly targeting "involution" type of harmful competition, with new regulations set to take effect on October 15, 2025 [1][2] - The law introduces new provisions prohibiting platform operators from forcing merchants to sell below cost and preventing large enterprises from abusing their dominant position to delay payments to small and medium-sized enterprises (SMEs) [2][4] Group 1: Key Regulations - The new law includes a provision that prohibits platform operators from compelling merchants to sell products below cost, aiming to curb harmful price competition [2][3] - It assigns management responsibilities to platform operators for addressing unfair competition within their platforms, requiring them to establish fair competition rules and complaint mechanisms [3][4] - A new regulation prohibits large enterprises from abusing their advantages to impose unreasonable payment terms on SMEs, addressing the issue of delayed payments [4][5] Group 2: Implementation and Enforcement - Experts emphasize the need for detailed supporting regulations to clarify terms such as "below cost" and the definitions of "large enterprises" and "SMEs" to ensure effective enforcement [7][10] - The law's enforcement will involve provincial-level government departments, which may lead to challenges in efficiency and potential local protectionism [9][10] - Transparency in enforcement processes is crucial to prevent selective enforcement and ensure accountability among businesses [9][10]
反不正当竞争法修订:治理平台“内卷式”竞争 整治大企业滥用自身优势地位
Jing Ji Guan Cha Bao· 2025-06-29 06:02
Core Points - The newly revised Anti-Unfair Competition Law will take effect on October 15, 2025, focusing on addressing "involution" competition and the abuse of dominant positions by large enterprises [1][2] - The law establishes a fair competition review system to ensure equal access to production factors and fair market participation for all operators [1] - Large enterprises are prohibited from using their advantages to impose unreasonable payment terms on small and medium-sized enterprises (SMEs) and are subject to penalties for violations [2] Group 1: Legislative Changes - The revised law includes provisions that prevent platform operators from forcing or indirectly forcing other operators to sell products below cost, disrupting market competition [2] - It also prohibits the use of data, algorithms, and platform rules to hinder the normal operation of other operators' products or services [2] - The law raises the level of administrative penalties to be enforced by provincial-level government supervision departments [1] Group 2: Enforcement and Compliance - Violations of the law can result in fines ranging from 1 million to 5 million yuan, depending on the severity of the offense [2] - The State Administration for Market Regulation has published a list of companies engaged in severe "involution" competition, highlighting the enforcement of the new regulations [2] - The law aims to curb practices that lead to a "low-price, low-quality" cycle in industries, encouraging a shift towards service upgrades [3]
新修订的反不正当竞争法将于10月15日起施行—— 营造公平竞争市场环境
Jing Ji Ri Bao· 2025-06-28 21:58
Core Viewpoint - The newly revised Anti-Unfair Competition Law, effective from October 15, aims to address prominent issues in market competition and enhance the legal framework for fair competition in China's socialist market economy [1][2]. Group 1: Legislative Changes - The number of articles in the Anti-Unfair Competition Law has increased from 33 to 41, reflecting a comprehensive update to address new market dynamics and protect consumer rights [1]. - The law now includes specific provisions to combat various forms of unfair competition, such as "involution" competition, data rights infringement, and malicious trading practices [1][2]. Group 2: Digital Economy and Data Protection - The revised law enhances regulations on unfair competition in the digital economy, particularly concerning the use of data, algorithms, and platform rules [2]. - It explicitly prohibits operators from using deceptive methods to acquire or utilize data held by other businesses, thereby protecting legitimate business interests and maintaining market order [2][3]. Group 3: Addressing "Involution" Competition - The law establishes a framework for addressing "involution" competition by mandating the creation of a fair competition review system and reinforcing the responsibilities of platform operators [4][5]. - It emphasizes that platforms should not force or indirectly compel businesses to sell below cost, which disrupts market competition [5]. Group 4: Implementation and Future Considerations - The implementation of the revised law requires the development of supporting regulations, including clarifying definitions of "large enterprises" and "small and medium enterprises," and establishing specific guidelines for addressing mixed behavior and online unfair competition [5].
9点1氪丨蔡澜离世,享年83岁;西贝就前员工偷拍6岁女顾客致歉;雷军:不会公布小米YU7 24小时销量
3 6 Ke· 2025-06-27 23:34
Group 1: IPO Applications - Beijing Stone Century Technology Co., Ltd. has submitted its IPO application to the Hong Kong Stock Exchange, with J.P. Morgan and CITIC Securities as joint sponsors [1] - OmniVision Technologies, Inc. has also submitted its IPO application to the Hong Kong Stock Exchange [2] - Shenzhen Dapu Microelectronics Co., Ltd. has had its IPO application accepted by the Shenzhen Stock Exchange, marking it as the first unprofitable company to be accepted on the ChiNext board [3] Group 2: Corporate Developments - Xiaomi's founder Lei Jun stated that the company will not disclose the 24-hour sales figures for the Xiaomi YU7, despite exceeding expectations [4] - Xiaomi's public relations manager clarified that a person rumored to be a former director was actually a kitchen worker who was dismissed for absenteeism [5] - Dongfeng Nissan's executive issued an apology for inappropriate comments regarding Xiaomi YU7, acknowledging the need for careful communication [6] Group 3: Financial Reports - Alibaba Group reported a net profit of 125.976 billion yuan and revenue of 996.347 billion yuan for the fiscal year 2025, reflecting a 77% year-on-year growth [15] Group 4: Regulatory Changes - The revised Anti-Unfair Competition Law will take effect on October 15, 2025, aiming to enhance market competition order and address new issues arising from economic development [10][11] Group 5: Corporate Restructuring - Li Auto has announced a restructuring of its sales system, with President Ma Donghui now overseeing research, supply chain, and sales [12] Group 6: Technology Developments - Tencent's Hunyuan-A13B, the first open-source MoE model, has been launched on the Magic Dock community, featuring 80 billion total parameters and 13 billion active parameters [14]
反不正当竞争法完成修订 维护市场公平竞争秩序
Core Points - The newly revised Anti-Unfair Competition Law will take effect on October 15, 2025, showcasing innovative highlights to adapt to the challenges of the digital age and enhance market fairness [1] - The law introduces a fair competition review system requiring the government to assess the impact of policies on competition, aiming to prevent administrative monopolies and create a transparent environment for businesses [1] - The law focuses on addressing unreasonable trading behaviors of large enterprises, particularly concerning their payment practices towards small and medium-sized enterprises (SMEs), ensuring timely payments to alleviate financial pressures on SMEs [1] - The revision addresses the rapid development of internet technology and business models, refining regulations to tackle new forms of unfair competition in the online sector [1][2] Industry Implications - The law categorizes new types of unfair competition, including traditional behaviors using others' trademarks and new data-related competitive behaviors emerging in the digital environment [2] - It specifies that platform operators have the obligation to intervene and stop internal unfair practices, which helps maintain a healthy platform ecosystem and curb vicious cycles [2] - The law clarifies standards for confusion-related behaviors, such as using others' trademarks as business names or search keywords, reducing legal ambiguities and lowering the cost of rights protection for enterprises [2] - The revised law aims to maintain a fair competitive order in the market, contributing to a more equitable and efficient business environment that stimulates innovation [2]
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].
十四届全国人大常委会第十六次会议在京闭幕 表决通过新修订的治安管理处罚法、新修订的反不正当竞争法 习近平签署主席令予以公布
news flash· 2025-06-27 07:02
Group 1 - The 16th meeting of the 14th National People's Congress Standing Committee concluded in Beijing, passing revised laws on public security management and anti-unfair competition [1] - President Xi Jinping signed orders to promulgate the newly revised laws, marking significant legislative updates [1] - The meeting also approved the decision to ratify the Convention on the Establishment of International Mediation Centers [1] Group 2 - The meeting included the approval of the 2024 central budget, indicating the government's financial planning for the upcoming year [1] - Personnel changes were made, including the appointment of Zheng Yanhong as the Deputy Director of the Education, Science, Culture, and Health Committee of the National People's Congress [1] - A special lecture was held post-meeting, focusing on the importance of education and the construction of a strong educational nation [2]
反不正当竞争法完成修订!10月15日起施行
证券时报· 2025-06-27 04:45
Group 1 - The newly revised Anti-Unfair Competition Law was passed by the 14th National People's Congress Standing Committee on June 27 and will take effect on October 15, 2025 [1][4] - The revised law includes five chapters: General Principles, Unfair Competition Behaviors, Investigation of Suspected Unfair Competition Behaviors, Legal Responsibilities, and Supplementary Provisions [1] - The law aims to improve the regulatory framework for anti-unfair competition, strengthen enforcement and judicial measures, and maintain market competition order, thereby establishing a unified, open, competitive, and orderly market system [1] Group 2 - The newly revised Public Security Administration Punishment Law was also passed on June 27 and will take effect on January 1, 2026 [6] - This law consists of six chapters and 144 articles, covering General Principles, Types and Application of Punishments, Violations of Public Security Management and Punishments, Punishment Procedures, Law Enforcement Supervision, and Supplementary Provisions [6] - The revision incorporates new behaviors affecting social security into the management scope and optimizes the procedures for handling public security cases, providing better legal protection for public safety and the legitimate rights and interests of citizens and organizations [6]