反不正当竞争法修订

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每经热评︱反不正当竞争法修订剑指“内卷” 制度护航筑牢市场公平底线
Mei Ri Jing Ji Xin Wen· 2025-06-25 08:39
Group 1 - The revised draft incorporates a fair competition review system into the legal framework, targeting "involution" competition in the market [2][3] - "Involution" competition refers to excessive internal competition among businesses for limited resources, leading to inefficiencies and a lack of innovation [2] - The introduction of the fair competition review system aims to reduce institutional transaction costs and create a more equitable competitive environment for small and medium-sized enterprises (SMEs) [2][4] Group 2 - The revision emphasizes the responsibilities of platform operators in addressing unfair competition behaviors within their platforms, aligning with the trends of digital economy development [3] - Platforms are required to establish fair competition rules and take proactive measures to curb unfair competition, thereby protecting the rights of SMEs [3][4] - The draft clarifies the criteria for identifying new forms of unfair competition, such as trademark confusion and keyword hijacking, providing legal clarity for enforcement agencies [3][4] Group 3 - Overall, the series of revisions responds to market concerns and aligns with economic development needs, aiming to create a fair, orderly, and efficient market competition environment [4]
十四届全国人大常委会第十六次会议审议多部法律草案和报告
Ren Min Ri Bao· 2025-06-24 21:58
Group 1: Law Amendments - The draft amendment to the Public Security Administration Punishment Law aims to standardize mediation in public security cases, emphasizing principles of legality, fairness, voluntariness, and timeliness [1] - The draft amendment to the Anti-Unfair Competition Law introduces a fair competition review system and addresses issues related to data rights infringement and malicious trading practices [3][4] - The draft amendment to the Villagers' Committee Organization Law seeks to enhance grassroots governance and promote rural revitalization by refining the roles and responsibilities of village committees [5][6][7] Group 2: Social Assistance Legislation - The Social Assistance Law draft expands the scope of social assistance to include families on the edge of minimum living standards and those facing rigid expenditure difficulties [8][9] - The draft proposes a collaborative mechanism for social assistance involving various government departments and emphasizes the importance of social participation in assistance efforts [9][10] Group 3: Urban Residents' Committee Law - The draft amendment to the Urban Residents' Committee Organization Law aims to improve the election system and increase collaborative decision-making processes within urban communities [11][12][13][14] Group 4: Audit Report Insights - The 2024 audit report highlights the central government's budget execution, with total revenue of 10,884.41 billion yuan and total expenditure of 14,224.41 billion yuan, maintaining a deficit of 3,340 billion yuan [15][16] - The audit focuses on major projects and risks, including local government debt and financial risks, while also addressing the management of state-owned assets [17]
聚焦反不正当竞争法修改 多举措保障经营者依法公平参与市场竞争
Zhong Guo Jing Ji Wang· 2025-06-24 14:09
对此,修订草案二审稿明确,平台经营者应当在平台服务协议和交易规则中明确平台内公平竞争规则, 建立不正当竞争举报投诉和纠纷处置机制,引导、规范平台内经营者依法公平竞争;发现平台内经营者 实施不正当竞争行为的,应当及时依法采取必要的处置措施,保存有关记录,并按规定向平台经营者住 所地县级以上人民政府监督检查部门报告。 6月24日,反不正当竞争法修订草案提请全国人大常委会会议进行第二次审议。修订草案二审稿增加规 定,国家建立健全公平竞争审查制度,依法加强公平竞争审查工作,保障各类经营者依法平等使用生产 要素、公平参与市场竞争。 修订草案二审稿贯彻党中央关于综合整治"内卷式"竞争的精神,增加关于公平竞争审查制度的规定,修 改完善治理平台"内卷式"竞争方面的规定。其中明确,平台经营者不得强制或者变相强制平台内经营者 按照其定价规则,以低于成本的价格销售商品,扰乱市场竞争秩序。 有的部门、单位和企业提出,在网络经济时代,平台经营者应当在规范平台内经营者的竞争行为、处置 不正当竞争方面发挥更大作用,建议进一步修改完善相关规定,合理设置平台经营者的义务。 实践中存在侵害数据权益、恶意交易等不正当竞争行为,损害了其他经营者的合 ...
反不正当竞争法修改拟就侵害数据权益等作出规定
news flash· 2025-06-24 07:53
反不正当竞争法修改拟就侵害数据权益等作出规定 智通财经6月24日电,反不正当竞争法修订草案二审稿6月24日提请全国人大常委会会议审议。修订草案 二审稿拟对侵害数据权益、恶意交易等不正当竞争行为作出规定,完善监管措施。 针对侵害数据权益、恶意交易等不正当竞争行为,修订草案二审稿完善了数据不正当竞争行为的构成要 件,拟对实践中恶意交易的多种表现形式进一步细化,如"经营者不得滥用平台规则,直接或者指使他 人对其他经营者实施虚假交易、虚假评价或者恶意退货等行为,损害其他经营者的合法权益,扰乱市场 竞争秩序。" 修订草案二审稿拟增加"国家建立健全公平竞争审查制度"的规定,依法加强公平竞争审查工作,保障各 类经营者依法平等使用生产要素、公平参与市场竞争。 加大对平台不正当竞争行为的监管力度,修订草案二审稿拟规定,平台经营者不得强制或者变相强制平 台内经营者按照其定价规则,以低于成本的价格销售商品,扰乱市场竞争秩序。 进一步修改完善相关规定,合理设置平台经营者的义务。修订草案二审稿拟规定,平台经营者应当在平 台服务协议和交易规则中明确平台内公平竞争规则,建立不正当竞争举报投诉和纠纷处置机制,引导、 规范平台内经营者依法公平 ...
反不正当竞争法迎来升级,平台“内卷”乱象将被整顿
news flash· 2025-06-24 01:33
Group 1 - The draft amendment to the Anti-Unfair Competition Law is set for a second review by the National People's Congress Standing Committee, focusing on clarifying the elements of data rights infringement and malicious trading as unfair competition behaviors [1][2] - The amendment aims to address "involution" competition among platforms, enhancing regulations on fair competition review systems and improving the coordination mechanism for anti-unfair competition work [1] - The responsibilities of market regulatory authorities in combating unfair competition will be clearly defined, along with the obligations of platform operators to address unfair competition behaviors among their internal operators [1] Group 2 - The amendment specifically targets the misuse of trademarks and the use of others' product names or company names as search keywords, further clarifying the standards for confusing unfair competition behaviors [1][2] - The draft also emphasizes resolving issues related to large enterprises abusing their relative advantages to delay payments to small and medium-sized enterprises, and it proposes increasing the administrative penalty authority [2]
反不正当竞争法修改:完善治理平台“内卷式”竞争规定
Nan Fang Du Shi Bao· 2025-06-23 06:28
Core Points - The revision draft of the Anti-Unfair Competition Law will be submitted for the second review at the upcoming National People's Congress Standing Committee meeting, focusing on fair competition review systems and addressing "involution" competition among platforms [1] - The draft includes several key modifications aimed at enhancing the regulatory framework for unfair competition, particularly concerning the responsibilities of market regulatory departments and the obligations of platform operators [1][2] Group 1 - The revision aims to implement the Central Committee's spirit on comprehensive rectification of "involution" competition by adding provisions for fair competition review systems [1] - The draft clarifies the responsibilities of market regulatory departments in combating unfair competition and enhances the coordination mechanism [1] - It specifies the obligations of platform operators to address unfair competition behaviors among their internal operators [1] Group 2 - The draft further clarifies the standards for identifying confusing types of unfair competition, such as using others' trademarks as business names or setting others' product names as search keywords [1] - It defines the elements constituting unfair competition behaviors, including infringement of data rights and malicious trading [1] - The revision emphasizes resolving issues related to large enterprises abusing their relative advantages to delay payments to small and medium-sized enterprises, increasing the level of administrative penalties [1]
全国人大常委会和国务院公布立法计划,AI立法有何变化
Nan Fang Du Shi Bao· 2025-05-14 06:43
Group 1 - The National People's Congress (NPC) and the State Council have released their legislative work plans for 2025, with a focus on the legislative projects related to the healthy development of artificial intelligence (AI) [1] - The NPC's 2025 plan continues to list AI legislation as a preparatory review project, while the State Council emphasizes advancing AI health development legislation without including the AI law draft for review [1] - There is significant debate in academia and industry regarding the timing and necessity of specialized AI legislation, with some advocating for a gradual approach and others arguing that the time for legislation is ripe due to accumulated experience and clear institutional needs [1] Group 2 - The Cybersecurity Law has been included in the NPC's 2025 legislative plan for initial review, with a draft proposing to refine administrative penalties for violations and introduce exemptions for minor offenses [2] - The revision of the Anti-Unfair Competition Law is set to continue this year, focusing on strengthening the governance of commercial bribery and enhancing regulations against unfair competition practices [2] - The State Council's legislative plan includes preparations for the review of the Trademark Law revision and amendments to various copyright-related regulations [2] Group 3 - The State Council's legislative plan mentions the formulation of a Government Data Sharing Regulation, which aims to break down data barriers while ensuring data security and enhancing public service accessibility [3]