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又见“二选一”,如何维护平台经济的公平竞争
Sou Hu Cai Jing· 2025-11-11 04:14
Core Viewpoint - The issue of "choose one from two" is not about the size of the online platforms but rather about their misuse of "private power" to unjustly restrict the operational freedom of merchants, ultimately harming competition among platforms [3]. Regulatory Actions - The State Administration for Market Regulation issued compliance reminders to major e-commerce platforms regarding the "Double Eleven" shopping festival, emphasizing the need to strictly regulate promotional behaviors and prohibit illegal practices such as "choose one from two" and "big data killing familiarity" [3]. - The revised Anti-Unfair Competition Law highlights the importance of fair competition, with specific provisions against platforms forcing merchants to adhere to pricing rules that disrupt market order [10]. Historical Context - The "choose one from two" practice gained notoriety following Alibaba's record fine of 18.228 billion yuan for abusing its market dominance by imposing such restrictions on merchants since 2015 [5]. - A recent court ruling found Alibaba liable for its monopolistic behavior, ordering it to compensate JD.com 1 billion yuan, reinforcing the principle of fair competition [6]. Market Dynamics - The competitive landscape among internet platforms is intensifying, with the need for fair competition becoming increasingly critical in the context of ongoing regulatory scrutiny [4]. - The "choose one from two" practice creates a "market blockade effect," limiting merchants' ability to engage with other platforms and reducing overall market competition [11]. Legal Framework - The concept of "choose one from two" is linked to various legal provisions, including the Anti-Monopoly Law and the E-Commerce Law, which prohibit unreasonable restrictions on merchants' pricing and operational freedom [8][10]. - The enforcement of these laws aims to correct the power imbalance between platforms and merchants, fostering market vitality and innovation [13]. Future Outlook - The regulatory focus should shift towards ensuring that market competition is not hindered by unfair barriers set by incumbent platforms, thereby promoting a healthier market environment for new entrants [12]. - The ongoing scrutiny of "choose one from two" practices is part of a broader goal to enhance market innovation and development in China's platform economy [13].
焦点访谈|三次修改“新规”直面新形势 细化标准“靶向”治理新问题
Yang Shi Wang· 2025-11-06 13:53
Core Viewpoint - The newly revised Anti-Unfair Competition Law aims to address irrational "involution" competition behaviors in the digital economy, which harm both consumers and legitimate business operators [1][19]. Group 1: Legislative Changes - The revised Anti-Unfair Competition Law has increased the number of articles from 33 to 41, specifically targeting new forms of unfair competition in the digital economy [1]. - New provisions have been added to address unfair competition behaviors related to data acquisition and usage, as well as malicious transactions in the online space [8][19]. Group 2: Case Study - A case in Jiangsu Province involved a company selling software that illegally scraped data from competitors, resulting in over 1.6 billion data points being collected and an involved amount exceeding 8.7 million yuan [5]. - The market regulatory authority imposed a fine of 530,000 yuan on the offending company, marking the first case of this nature in Jiangsu [5]. Group 3: Market Dynamics - The rise of "involution" competition has led to practices such as forced price wars and the use of unauthorized data, which disrupt fair market order and harm sustainable development [11][16]. - The law now explicitly prohibits platform operators from forcing merchants to sell below cost, addressing the underlying issues of price manipulation in the e-commerce sector [16][19]. Group 4: Implications for Businesses - Businesses are urged to operate within legal boundaries when collecting online data to avoid engaging in unfair competition [7]. - The law emphasizes the importance of maintaining fair competition to foster innovation and high-quality development in the market [14][19].
大国五年丨中国市场,铸就公平竞争大舞台
Sou Hu Cai Jing· 2025-11-03 07:40
Core Viewpoint - The article emphasizes the transformation of China's market system, highlighting the establishment of a unified national market that enhances efficiency, openness, and innovation, ultimately benefiting consumers and businesses alike [1]. Group 1: Market Reforms - The revision of the Anti-Monopoly Law marks the first major update in 15 years, with nearly 50,000 cases of unfair competition investigated, including 4,296 cases related to online competition [2]. - A total of 4,218 policies that hinder the flow of production factors have been identified and abolished [2]. - Administrative monopoly cases have been addressed, with 239 cases reported [3]. Group 2: Business Environment - The revision of the Company Law allows for an extended capital contribution period of up to 5 years [5]. - The "one certificate, one license" separation reform has been fully implemented, enabling a streamlined online business registration process [5]. - The electronic business license has been downloaded 370 million times, with over 600 million uses recorded [5]. - The net increase in registered enterprises reached 19.999 million, while individual businesses saw a net increase of 33.946 million [5]. Group 3: Standards and Compliance - Over 13,000 national standards have been newly released, bringing the total to over 47,000, with the average development cycle reduced from 36 months to 16 months [7]. - More than 2,400 national standards in key areas such as artificial intelligence and smart manufacturing have been published [7]. - 15 product categories, including lithium batteries for electric bicycles, have been included in CCC certification management [9]. Group 4: Consumer Protection - A total of 454.1 million illegal product listings were removed from platforms, and 58,000 online stores were ordered to cease operations [11]. - Significant cases in the live-streaming e-commerce sector have been addressed, including major cases like "Three Sheep" and "Northeast Rain Sister" [11]. - Food safety cases numbered 2.2604 million, with high compliance rates for grain, meat, and dairy products maintained over the years [13]. - The drug inspection pass rate remains stable at over 99.4%, with over 200 innovative drugs and 265 innovative medical devices approved [15].
大国五年|中国市场,铸就公平竞争大舞台
Xin Hua She· 2025-11-03 03:24
Core Viewpoint - The article emphasizes the transformation of China's market system, highlighting the establishment of a high-standard market framework and the optimization of the business environment, which collectively enhance market vitality and promote innovation and consumer confidence. Group 1: Market System Development - The establishment of a nationwide unified market facilitates the smooth flow of production factors and enhances the business environment, leading to increased vitality among over a billion market entities [1] - The "14th Five-Year Plan" aims to create a more standardized, efficient, and open Chinese market, reflecting in the innovation enthusiasm and convenience experienced by individuals [1] Group 2: Regulatory and Compliance Measures - The revision of the Anti-Monopoly Law marks a significant update after 15 years, with nearly 50,000 cases of unfair competition investigated, including 4,296 cases related to online competition [4] - The implementation of the "separation of licenses and permits" reform has streamlined the process for starting businesses, with 3.7 billion downloads of electronic business licenses [6] Group 3: Standardization and Quality Control - Over 13,000 national standards have been newly released, bringing the total to over 47,000, with a significant reduction in the average development cycle from 36 months to 16 months [8] - The inclusion of 15 products, including lithium batteries for electric bicycles, into CCC certification management enhances product safety and compliance [11] Group 4: Consumer Protection and Safety - A total of 226.04 million food safety cases have been investigated, maintaining high compliance rates for grain, meat, and dairy products [16] - The drug inspection pass rate remains stable at over 99.4%, with over 200 innovative drugs and 387 children's medications approved for market [20] Group 5: E-commerce and Online Regulation - Platforms have been urged to delete over 4.5 million illegal product listings, with significant actions taken against non-compliant online stores [13][14] - The government has introduced guidelines to enhance compliance management within online trading platforms [14]
欧盟给中国来电:中不要将安世问题闹大,并放宽对欧稀土出口管制
Sou Hu Cai Jing· 2025-11-01 08:08
Group 1 - The core issue revolves around the Dutch takeover of Nexperia, which has led to China severing all related supply chains, prompting the EU to seek dialogue with China [1][3] - The EU's contradictory stance of urging China not to escalate the situation while simultaneously requesting the relaxation of rare earth export controls highlights a lack of coherence in their approach [3][8] - Nexperia, once struggling, regained strength through Chinese investment and support, particularly benefiting from the booming market for electric vehicle chips, which attracted Dutch intervention under the guise of security risks [3][10] Group 2 - Europe heavily relies on China for various resources, including rare earths, which are critical for industries such as electric vehicles and renewable energy [5][8] - Despite claims that the US and Australia have sufficient rare earth resources, the reality is that they still depend on China's refining and separation technologies to produce final products [7][10] - The backlog of rare earth export applications from EU companies in China indicates a growing concern, with warnings from the German automotive industry about potential production halts if the situation persists [8][10] Group 3 - The EU's rhetoric of "fair competition" and "market rules" contrasts sharply with their actions against Chinese companies, revealing a double standard in their approach to international trade [3][10] - The current geopolitical landscape necessitates a recognition of China's significant position in the global supply chain, particularly in rare earth production and processing capabilities [10][14] - The EU's need for cooperation with China is underscored by their reliance on Chinese resources, suggesting that political posturing may hinder their own economic interests [10][14]
京东采销回应“定价”风波,指责抖音利用流量内容优势操控舆论
Guan Cha Zhe Wang· 2025-10-30 12:13
Core Viewpoint - The company firmly opposes unfair price competition from Douyin and aims to provide consumers with better and fairer prices, emphasizing the need for a fair competitive environment in the market [1][2]. Group 1: Response to Market Competition - The company publicly addressed the recent controversy regarding pricing and penalties, specifically the claim of a 5 million yuan fine against Midea, which was later denied by Midea [1]. - The company criticized Douyin and other short video platforms for spreading false information and manipulating public opinion, calling for regulatory scrutiny of such practices [1][2]. Group 2: Commitment to Consumers and Partners - The company aims to offer high-quality and affordable products and services to consumers, standing against Douyin's alleged coercive pricing strategies that require merchants to price higher on the company's platform [2]. - The company emphasizes its principle of sharing profits with brand partners to promote their long-term development and achieve a win-win situation [2].
陈兵:垄断协议豁免制度可以继续优化丨法经兵言
Di Yi Cai Jing· 2025-10-26 11:30
Group 1 - The core viewpoint emphasizes the need for flexibility in antitrust laws to allow exemptions for certain agreements that can enhance efficiency and innovation while benefiting consumers [1][2] - The antitrust exemption system in China faces challenges such as vague standards, complex procedures, and difficulties in providing evidence for compliance [2][3] - The current understanding of "efficiency" within the exemption framework is too narrow, focusing mainly on static production efficiency and neglecting dynamic innovation efficiency [2][3] Group 2 - The complexity and operational weaknesses of the exemption application process create uncertainty for businesses, as they often do not know how or when to apply for exemptions [3] - There is a conservative implementation of the exemption system, with very few successful cases, reflecting a cautious attitude from enforcement agencies [3] - The lack of coordination between the antitrust exemption system and other public policies, such as industrial and innovation policies, leads to conflicts and barriers [3] Group 3 - The exemption system should adapt dynamically to different economic cycles, allowing for more lenient standards during downturns to support struggling industries [4] - A mechanism for adjusting exemption standards based on macroeconomic indicators like PMI and capacity utilization should be established [4] Group 4 - International practices provide diverse references for China's exemption system, with the EU offering a clear framework that distinguishes between purpose-based and effect-based restrictions [6][7] - The U.S. model emphasizes flexibility and case-by-case analysis, allowing for efficiency defenses in competitive agreements [6] - Countries like Japan and South Korea adopt cautious approaches, clearly listing exemption scenarios while ensuring adaptability to local economic conditions [7] Group 5 - Recommendations for optimizing the exemption system include establishing clear guidelines for exemption criteria, enhancing the capabilities of enforcement agencies, and improving the efficiency of the application process [8] - The introduction of a "safe harbor" rule for low market share agreements could provide clearer compliance expectations for businesses [8]
俄媒:欧洲人对于荷兰抢劫的行为,没有任何国家觉得不对,也没有觉得这么做是不对
Sou Hu Cai Jing· 2025-10-26 04:15
Core Points - The Dutch government's forced acquisition of a semiconductor company has sparked widespread controversy, with European nations remaining silent on this apparent violation of market rules [1][2] - The incident highlights the hypocrisy of Western nations that claim to uphold a "rules-based order" while prioritizing their own industrial interests, undermining the international investment environment and the concept of fair competition [2][4] - The justification of "national security" for the takeover raises questions about the true motives behind the Dutch government's actions, with discussions in European media focusing more on the company's technology impact on the automotive industry rather than the legality of the government's behavior [5] Group 1 - The forced acquisition by the Dutch government has been criticized for undermining market rules and international governance principles [1][2] - The silence from other European countries indicates a double standard in their commitment to fair competition when it comes to non-Western enterprises [2][5] - The incident serves as a reminder that the so-called "order" and "justice" espoused by some Western nations often serve their strategic interests, revealing a pragmatic approach to rules [4] Group 2 - The focus of public discourse on the semiconductor company's technology rather than the legality of the acquisition reflects a selective disregard for principles in favor of national interests [5] - The situation illustrates the potential erosion of international credibility for Western nations as their actions reveal the true nature of power politics [4]
法治护航全国统一大市场
Ren Min Ri Bao· 2025-10-20 22:10
Core Viewpoint - The newly revised Anti-Unfair Competition Law, effective from October 15, aims to enhance market competition rules, strengthen the foundation of competition policy, and optimize the business environment, thereby supporting the establishment of a unified national market [1][3]. Group 1: Addressing "Involution" Competition - The law targets "involution" competition, particularly in traditional industries and platform economies, which disrupts industry ecology and undermines high-quality development [2]. - It establishes a fair competition review system to ensure all operators can participate fairly in the market, increasing regulation against practices like forced low-cost sales by platform operators [2][3]. Group 2: Protecting Small and Medium Enterprises (SMEs) - The law prohibits large enterprises from abusing their advantages to impose unreasonable payment terms on SMEs, thus providing necessary protection to these smaller entities [4][5]. - It aims to create a more equitable competitive environment by considering structural differences among business entities, ensuring that SMEs can compete fairly [4][5]. Group 3: Digital Market Regulation - The law addresses challenges in regulating unfair competition in the digital market, reflecting the rapid development of the digital economy and new business models [6][7]. - New provisions include prohibiting improper data acquisition and malicious transactions in the network, as well as refining definitions related to unfair competition in digital contexts [7].
油气管网新规出台让连接资源和市场“大动脉”发生哪些变化?一文了解↓
Yang Shi Wang· 2025-10-17 02:25
Core Viewpoint - The newly released "Regulatory Measures for Fair Access to Oil and Gas Pipeline Facilities" aims to break monopolies and create a fair competitive environment for various market participants in the oil and gas sector [1][3]. Group 1: Regulatory Changes - The new regulations will take effect on November 1, allowing pipeline operators to provide oil and gas transportation and storage services to qualified users in a fair and non-discriminatory manner [3][7]. - This marks the first time that oil and gas pipeline regulation has been formalized into "departmental regulations," establishing unified and fair access standards [5]. Group 2: Impact on Market Participants - Previously, private enterprises faced significant barriers to participating in oil and gas transportation; the new regulations will enable them to access pipeline networks fairly [7]. - Increased utilization of pipeline networks is expected to lower transportation costs for oil and gas [7]. Group 3: Overall Industry Benefits - The introduction of these regulations is anticipated to enhance the stability and transparency of energy supply across the country [9].