据悉，协会建立线索信息台账并动态更新，将证券公司报送的线索材料情况定期、不定期上报证监会科 技监管司。对于个性问题，协会指导证券公司按照合同约定与被投诉、举报方协商解决，或向市场监管 部门投诉、举报;对于行业共性问题，且指向性明确、造成较大负面影响的，组织相关单位以投诉、举 报等方式向市场监管部门报告。服务机构不正当竞争行为同时涉及期货、基金行业的，协会将视情形与 期货业协会、基金业协会会商。 在证监会备案的向证券行业提供信息技术系统服务的机构如存在以下行为，且证券公司拟向市场监管部 门投诉、举报的，证券公司可向协会提交有关线索材料。一是商业贿赂类行为；二是虚假或引人误解的 商业宣传行为；三是利用技术手段实施不正当竞争行为；四是扰乱市场秩序的定价行为。 人民财讯12月16日电，近日，记者获悉，中国证券业协会(下称"协会")向券商下发了《关于建立信息技 术系统服务机构不正当竞争投诉、举报线索收集机制的通知》。通知称，为落实证监会有关工作要求， 协会对信息技术系统服务机构(下称"服务机构")在证券行业开展或参与不正当竞争建立投诉、举报线索 收集机制。 ...

随着国内游戏产业的快速发展，游戏代练也相伴而生。一些人利用外挂软件进行游戏代练，这样的商业 模式是否触碰了法律的边界？近日，上海市长宁区人民法院审结一起利用外挂软件提供《原神》游戏代 练服务的不正当竞争纠纷案件。 使用外挂软件提供代练服务被起诉 上海米哈游影铁科技有限公司系游戏《原神》的运营方，该游戏在各下载平台上均拥有非常高的下载 量。"代肝代练代打，下单秒上号！"某科技有限公司在电商平台上开设游戏代练工作室，售卖针对游戏 《原神》的"代练代打"链接，总计销售量达760万单，销售额达700万余元，并在该电商平台上同类工作 室中销量居前。 米哈游公司取证人员分别支付8元、12元下单购买了两单该科技有限公司提供的代练服务。随后，仅使 用2-3小时，即可达到《原神》游戏地图探索度100%和神像等级满级的效果。游戏账号在1-2分钟内可连 续解锁多个传送锚点，并在接受服务后不久即由于"使用外挂及第三方软件"被封禁，无法正常登录游 戏。 长宁区人民法院经审查认为，某科技有限公司在电商平台上开设代练工作室销售代练服务，相关销售链 接直接载明系运用于原告开发运营的《原神》游戏。该代练服务系获得用户对应的涉案游戏账号后，通 ...

成为手机软件劫持流量的惯用手段，让消费者不堪其扰。 近日，市场监管总局点名手机"三宗罪"，针对流量截取、强制跳转、恶意设置不兼容等行为，面向相关 企业进行集中提醒与规范引导。 移动互联网时代，小小的一块手机屏幕，早已晋升为流量的主战场。正是在这个战场中，利用算法设计 的引流套路成为许多手机软件劫持用户的基本操作。 比如，被点名的强制跳转，未经用户明确同意，不得擅自更改默认跳转路径。但在现实中，人为更改跳 转路径时有发生，手指点哪未必去哪反倒越来越常见。 市场监管总局披露，这种技术劫持能使广告主获客成本大降，却让用户陷入"鬼打墙"式的浏览体验。 隐私授权默认勾选，弹窗跳过多次才能关闭，手机晃一下就跳转的开屏广告……类似套路 短期利益驱动之下，偷流量的鸡贼操作愈发猖狂。这些幕后操作，并非通过技术赋能、质量提升赢得用 户，而是人为设置技术藩篱，干扰正常的市场秩序，是对市场资源配置效率的极大损耗。 如果手机厂商只会用小算盘，把用户锁定在自我的圈层中，看似是巩固了自己的市场份额，实际上可能 失去更大的市场。 没有开放的生态，没有自由的竞争，任何一款产品都不会走太远。只停留在自家的一亩三分地，抑制潜 在竞争者的进入，互设 ...

Core Viewpoint - The article discusses the recent compliance guidance issued by the State Administration for Market Regulation (SAMR) in China, focusing on unfair competition in the mobile phone and application platform industry, highlighting the shift from post-event punishment to preemptive regulation [3][4][9]. Group 1: Regulatory Actions - SAMR has identified irrational competition as a significant issue in the mobile phone industry, urging operators to enhance their awareness of responsibilities and comply with the new anti-unfair competition law [3][4]. - The guidance emphasizes the need for companies to conduct comprehensive risk assessments and establish robust internal compliance management systems to maintain a fair market environment [4][9]. Group 2: Unfair Competition Practices - Certain companies are accused of employing unfair competition tactics such as traffic hijacking, forced redirection, and malicious incompatibility, which harm the rights of other operators and consumers [4][9]. - The article highlights that mobile manufacturers often obstruct users from installing applications from third-party platforms, creating significant barriers that discourage users from proceeding with installations [6][7]. Group 3: Market Dynamics - The article notes a trend where game developers are increasingly withdrawing from mobile channels due to high costs associated with these platforms, opting instead for direct downloads to avoid restrictions imposed by phone manufacturers [12][15]. - The shift in strategy among game developers reflects a growing confidence in their products, allowing them to bypass traditional app stores and attract users through quality offerings [15][16]. Group 4: Compliance and Fair Competition - Legal experts suggest that while not all restrictions are illegal, any actions that unfairly favor a company's own applications over competitors' could be seen as self-preferential and abusive [10][16]. - The article calls for regulatory measures that consider the unique technological characteristics and business logic of the mobile industry, advocating for differentiated compliance standards based on company size and circumstances [16].

Core Viewpoint - The State Administration for Market Regulation (SAMR) has identified improper competition behaviors in the mobile phone and application platform industry, including traffic hijacking, forced redirection, and malicious incompatibility, which harm the legitimate rights of other operators and consumers, disrupting fair market competition [1][2]. Group 1: Regulatory Actions - SAMR has conducted compliance guidance in Shenzhen, focusing on the mobile phone industry and highlighting the need for operators to enhance their awareness of responsibilities and comply with the new anti-unfair competition law [1][2]. - The recent compliance guidance reflects a shift from "post-event punishment" to "prevention" in regulatory practices, aiming to clarify the boundaries between technological neutrality and legal compliance [1][7]. Group 2: Industry Practices - Some mobile phone manufacturers are reportedly blocking third-party application installations, creating significant barriers for users attempting to download apps from non-native app stores, which includes multiple system prompts and permission changes [4][5]. - The practice of traffic hijacking is evident when users try to download non-native apps, facing numerous warnings that often lead them to abandon the installation process [5][7]. Group 3: Market Dynamics - The mobile application ecosystem has evolved, with third-party app stores becoming significant traffic entry points, leading some internet companies to sever ties with mobile manufacturers to avoid restrictions [8][10]. - A report indicates that major advertising platforms have become primary channels for game advertising, as strong game developers choose to withdraw from mobile channels [8][10]. Group 4: Legal Implications - Actions by mobile manufacturers to unilaterally remove specific games or obstruct third-party applications may constitute unfair competition or even monopolistic behavior under the Anti-Unfair Competition Law and Anti-Monopoly Law [7][11]. - Reasonable reviews based on legal, system security, or privacy protection needs are considered legitimate, provided they are transparent and fair, while discriminatory practices against competitors may lead to regulatory scrutiny [7][11].

Core Viewpoint - A Spanish court has ruled that Meta must pay €479 million (approximately $552 million) to Spanish digital media organizations due to unfair competition and violations of EU data protection regulations [1] Group 1: Legal and Financial Implications - The compensation will be distributed to 87 digital news publishers and agencies, linked to Meta's use of personal data for targeted advertising on Facebook and Instagram [1] - The court found that Meta gained a "significant competitive advantage" in the Spanish online advertising market through illegal processing of user data [1] - The judge estimated that Meta earned at least €5.3 billion from advertising during the five-year period in question, which is considered as profits obtained in violation of GDPR [1] Group 2: Regulatory Context - The lawsuit focuses on Meta's change in the legal basis for processing personal data from "user consent" to "necessary for the performance of a contract" when GDPR came into effect in May 2018, which was later deemed insufficient by regulators [1] - In August 2023, Meta reverted to using "user consent" as its legal basis for data processing [1] - The Spanish government is also investigating Meta for alleged privacy violations, with the Prime Minister stating that a parliamentary committee will look into Meta's use of hidden mechanisms to track Android device users [2] Group 3: Broader European Context - This ruling is part of a series of fines Meta faces in Europe, including a nearly €800 million fine from the European Commission for bundling its online classified ad service with its social network [2]

Group 1 - The court in Hangzhou ruled against a platform that engaged in unfair competition by reselling Haidilao discount coupons through unauthorized means, including "order payment" methods [2][4] - The court ordered the infringing store to cease its activities and pay Haidilao 300,000 yuan in economic damages [4] - Haidilao has been actively addressing issues related to the unauthorized sale of discount coupons, emphasizing consumer protection and the enforcement of legal actions against such practices [6] Group 2 - There have been numerous reports of consumers being defrauded when purchasing discount coupons from third-party channels, leading to financial losses [6] - In May 2024, Haidilao issued a statement to combat illegal profit-making activities, including the unauthorized rental or sale of membership rights, and outlined measures such as account freezing and legal accountability [6]

Core Points - The case involving the software "Xiao Wang Shen" highlights the issue of unfair competition in the e-commerce sector, leading to a court ruling that ordered the defendants to pay 30 million yuan for their actions [1][4][6] - The ruling clarifies the legal boundaries of data rights protection in the digital economy, addressing the gray area of data scraping and its implications for data security and privacy [1][7] Group 1: Case Background - "Xiao Wang Shen" software gained popularity for its features that allowed users to easily access competitors' sales data and download product images, which were deemed as unfair competitive practices [1][3] - The software operated by reverse-engineering the data protection algorithms of a legitimate e-commerce analytics tool, "Shengyi Canmou," effectively restoring sensitive data that should have been protected [3][4] Group 2: Legal Proceedings - The e-commerce platform filed a lawsuit against the developers of "Xiao Wang Shen" in November 2023, focusing on whether the platform had rights to its commercial secrets and data, and if the defendants engaged in unfair competition [4][5] - The court determined that while some data could be classified as commercial secrets, the broader collection of data created through user authorization also warranted protection under unfair competition laws [5][6] Group 3: Court Ruling and Implications - The court ruled that "Xiao Wang Shen" violated data rights by undermining the competitive advantage of the legitimate analytics tool, leading to a significant loss of revenue for the e-commerce platform [5][6] - The ruling established a layered protection system for data rights, distinguishing between commercial secrets, competitive rights over public data, and the original data based on collection legality [7][8] Group 4: Industry Impact - Following the ruling, the companies involved in "Xiao Wang Shen" began to dissolve operations and delete data, indicating a significant shift in the operational landscape of data scraping in e-commerce [7] - The case aligns with national policies aimed at enhancing data rights protection, as new amendments to the Anti-Unfair Competition Law were introduced to prohibit the improper acquisition and use of legitimate data [8]

Core Viewpoint - The article highlights the increasing prevalence of intrusive "full-screen ads" in mobile applications, particularly during major shopping events like "Double 11," which disrupt user experience and infringe on consumer rights [1][2][3]. Group 1: User Experience and Privacy Concerns - Many commonly used mobile apps exhibit issues where slight movements or accidental touches lead to automatic redirection to e-commerce apps, often without clear user consent [1][2]. - The sensitivity settings of these apps are often adjusted to a level that makes it difficult for users to control or even perceive their actions, leading to unintended app launches [2]. - Some apps collect user browsing history and search data in the background to create user profiles for targeted advertising, raising significant privacy concerns [2]. Group 2: Regulatory Response and Industry Accountability - The Ministry of Industry and Information Technology (MIIT) issued a notice in February 2023, mandating that apps provide clear and effective close buttons for pop-up ads and avoid frequent interruptions to user experience [2][3]. - The Hangzhou Yuhang District Market Supervision Administration has begun investigating reports related to these intrusive ads, indicating a growing regulatory response to protect consumer rights [2][3]. - E-commerce platforms, while not the direct publishers of these ads, bear responsibility as beneficiaries of the traffic generated by such advertising practices, emphasizing the need for ethical advertising standards [3]. Group 3: Long-term Implications for the Industry - The article warns that aggressive competition through unethical advertising practices will ultimately erode consumer trust and loyalty, which are essential for sustainable growth in the e-commerce sector [3]. - Social media, short video, and news platforms must take proactive measures to comply with advertising laws and protect user information to maintain their user base [3]. - A collaborative effort is necessary to eliminate "advertising pollution" in the mobile internet space, ensuring a better user experience [3].

Core Viewpoint - The regulatory authorities in Beijing, Tianjin, and Hebei have issued consumer guidance and compliance instructions for e-commerce platforms ahead of the "Double 11" shopping festival, emphasizing the importance of rational consumption and awareness of potential shopping traps [1] Consumer Guidance - Consumers are advised to conduct thorough research, compare prices, and choose reputable e-commerce platforms with good reviews [2] - It is crucial for consumers to understand promotional rules and be cautious of hidden traps in sales activities, such as false discounts and non-refundable deposits [2] - Consumers should verify product quality upon delivery and can refuse to accept goods that do not match the order specifications [3] Platform Compliance - E-commerce platforms are prohibited from forcing sellers to sell below cost or participate in subsidy activities that disrupt market order [3] - Platforms must retain seller identity information for at least three years after they exit the platform and maintain transaction records for a minimum of three years post-transaction [4] - Platforms are required to ensure accurate and timely disclosure of transaction information and comply with regulatory oversight [4]