公平竞争审查制度

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审议反不正当竞争法、民用航空法等草案
Bei Jing Shang Bao· 2025-06-23 16:16
Legislative Developments - The 16th meeting of the 14th National People's Congress Standing Committee will be held from June 24 to 27 in Beijing, reviewing various draft laws including the Public Security Administration Punishment Law and the Anti-Unfair Competition Law [1] - The Anti-Unfair Competition Law revision draft includes provisions for a fair competition review system to address "involution" competition and clarifies the responsibilities of market regulatory departments [2] - The Civil Aviation Law revision draft aims to enhance passenger rights protection, including requirements for airlines to disclose ticket sales terms and provide timely information during flight delays or cancellations [3] Civil Aviation Industry Enhancements - The Civil Aviation Law revision emphasizes improving service quality and includes specific provisions for ticket sales, refunds, and passenger rights [3] - The draft also introduces a new chapter on "Development Promotion," focusing on enhancing the innovation system in civil aviation manufacturing and improving the capabilities for aircraft design and technology [4] - Additional regulations aim to optimize low-altitude airspace resource allocation and promote international cooperation in the civil aviation sector [4]
一财社论:整治“内卷式”竞争法治必须先行
Di Yi Cai Jing· 2025-06-23 13:27
Group 1 - The core viewpoint of the articles emphasizes the need for legislative reinforcement to combat "involutionary" competition, which is damaging the foundation of healthy market development [1][2][5] - The upcoming second review of the Anti-Unfair Competition Law draft aims to include regulations on "involutionary" competition, marking a significant step in legal governance [1][2] - The urgency of addressing "involutionary" competition is highlighted by its evident harms in various sectors, including solar energy, new energy vehicles, and online platforms [2] Group 2 - The responsibility of local and regulatory authorities must be strengthened to ensure that policies do not undermine fair competition and a unified market [3] - The Fair Competition Review System is being elevated from a regulation to a law, enhancing its binding force and execution rigidity, which will benefit the enforcement of responsibilities among local and regulatory bodies [3] - Companies are urged to shift their mindset from quantity and market share dominance to fair and orderly competition, avoiding practices like price dumping and excessive marketing tactics [4] Group 3 - Strict penalties are necessary to enhance the seriousness and enforceability of regulations against "involutionary" competition, with actions planned against malicious pricing, false advertising, and other market irregularities [5] - The National Development and Reform Commission and other departments are set to take legal actions against "involutionary" competition behaviors, including public notifications and revocation of tax exemptions [5] - The overall approach to combating "involutionary" competition will involve administrative penalties, civil compensation, and potentially criminal penalties as part of a comprehensive process [5]
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]
反不正当竞争法修订草案本周二审,治理“内卷式”竞争
第一财经· 2025-06-23 05:32
对于反不正当竞争法修订草案初次审议稿,第一财经采访的专家曾指出,新增条款明确禁止平台经营 者强制商家低于成本销售、禁止大型企业等经营者滥用自身优势地位损害中小企业合法权益等行为, 充分回应了近年来市场竞争中的突出问题,直指"内卷式"恶性竞争的顽疾,是修订的重要看点。 党中央、国务院高度重视"内卷式"竞争问题。2024年7月召开的中共中央政治局会议明确提出,强化 行业自律,防止"内卷式"恶性竞争。2024年中央经济工作会议强调,综合整治"内卷式"竞争,规范地 方政府和企业行为。今年全国两会上,综合整治"内卷式"竞争首次写入《政府工作报告》。近期,国 家发改委、国家市场监管总局等多部门就整治"内卷式"竞争作出部署。 2025.06. 23 本文字数:914,阅读时长大约1分钟 作者 | 第一财经 安然然 反不正当竞争法修订草案本周迎来二审,将在整治"内卷式"竞争方面作出相关规定。 6月23日上午,全国人大常委会法制工作委员会举行发言人记者会。全国人大常委会法工委发言人黄 海华介绍,十四届全国人大常委会第十六次会议6月24日至27日在北京举行,反不正当竞争法修订草 案拟提请本次常委会会议进行二次审议。 现行反不正当 ...
反不正当竞争法修订草案本周二审,治理“内卷式”竞争
Di Yi Cai Jing· 2025-06-23 03:41
反不正当竞争法修订草案二审稿将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。 党中央、国务院高度重视"内卷式"竞争问题。2024年7月召开的中共中央政治局会议明确提出,强化行 业自律,防止"内卷式"恶性竞争。2024年中央经济工作会议强调,综合整治"内卷式"竞争,规范地方政 府和企业行为。今年全国两会上,综合整治"内卷式"竞争首次写入《政府工作报告》。近期,国家发改 委、国家市场监管总局等多部门就整治"内卷式"竞争作出部署。 据黄海华介绍,此次反不正当竞争法修订草案二次审议稿也将在整治"内卷式"竞争方面作出修改。他指 出,修订草案二次审议稿将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。 反不正当竞争法修订草案本周迎来二审,将在整治"内卷式"竞争方面作出相关规定。 此外,修订草案二次审议稿还将作以下主要修改:修改完善反不正当竞争工作协调机制相关规定,明确 市场监管部门的反不正当竞争工作职责;完善平台经营者处置平台内经营者不正当竞争行为的义务;对 于将他人商标作为字号使用以及将他人商品名称、企业名称设置为搜索 ...
全国人大常委会:修改完善治理平台“内卷式”竞争方面的规定
news flash· 2025-06-23 03:36
Core Viewpoint - The National People's Congress Standing Committee is revising the Anti-Unfair Competition Law to address "involution" competition, enhancing regulations for fair competition and clarifying the responsibilities of market regulatory authorities [1] Group 1: Legislative Changes - The revised draft will incorporate provisions for a fair competition review system to combat "involution" competition [1] - Amendments will clarify the obligations of platform operators in addressing unfair competition behaviors among their users [1] - The draft will specify the criteria for identifying confusion-based unfair competition, such as using others' trademarks as business names or setting competitors' names as search keywords [1] Group 2: Focus on Data Rights and Small Enterprises - The revision will define the elements constituting unfair competition related to data rights infringement and malicious trading [1] - The draft aims to tackle issues where large enterprises abuse their dominant position to delay payments to small and medium-sized enterprises [1] - There will be an increase in the administrative penalty authority's level to enhance enforcement against unfair competition practices [1]
反不正当竞争法修订草案将二审 增加关于公平竞争审查制度的规定
Zhong Guo Xin Wen Wang· 2025-06-23 02:55
编辑:熊思怡 广告等商务合作,请点击这里 本文为转载内容,授权事宜请联系原著作权人 反不正当竞争法修订草案将二审 增加关于公平竞争审查制度的规定 中新网北京6月23日电 (记者 谢雁冰)反不正当竞争法修订草案二次审议稿即将提请十四届全国人大常委 会第十六次会议审议。全国人大常委会法工委发言人黄海华23日在记者会上说,修订草案二次审议稿增 加关于公平竞争审查制度的规定。 黄海华表示,修订草案二次审议稿拟作以下主要修改:一是,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。二是修改完善 反不正当竞争工作协调机制相关规定,明确市场监管部门的反不正当竞争工作职责。三是完善平台经营 者处置平台内经营者不正当竞争行为的义务。四是,对于将他人商标作为字号使用以及将他人商品名 称、企业名称设置为搜索关键词等行为,构成混淆类不正当竞争行为的标准,予以进一步明确。五是明 确侵害数据权益和恶意交易等不正当竞争行为的构成要件。六是着重解决大型企业等经营者滥用相对优 势地位拖欠中小企业账款问题,提高行政处罚机关层级。 (完) 来源:中国新闻网 中新经纬版权所有,未 ...
夯实公平竞争法治根基
Jing Ji Ri Bao· 2025-06-16 22:06
Core Viewpoint - The implementation of the Private Economy Promotion Law in China establishes a legal foundation for fair competition and aims to enhance the development environment for private enterprises, which are crucial for high-quality economic growth [1][2]. Group 1: Market Environment and Regulations - As of January 2025, the number of private enterprises in China reached 56.707 million, a 5.2 times increase since 2012 [1]. - The number of national high-tech enterprises increased from 28,000 in 2012 to over 420,000, with the proportion of private enterprises rising from 62.4% to over 92% [1]. - Recent policies, including the Market Access Negative List (2025 Edition), aim to reduce entry barriers by decreasing the number of restricted items from 117 to 106 [2]. Group 2: Fair Competition and Policy Implementation - The Private Economy Promotion Law consolidates successful practices and institutional innovations to provide more certainty for enterprise development and boost business confidence [2]. - To ensure fair competition, it is essential to implement a unified market access negative list and regularly evaluate and eliminate policies that hinder fair competition [2][3]. - The establishment of a high-quality law enforcement team is necessary to avoid issues like arbitrary enforcement, which can undermine the effectiveness of the Private Economy Promotion Law [3]. Group 3: Supporting Mechanisms and Future Directions - Several supporting regulations have been introduced, including the Fair Competition Review Regulations and the Payment Guarantee for Small and Medium Enterprises, to ensure the effective implementation of the Private Economy Promotion Law [3]. - Local governments are encouraged to adapt and enhance relevant supporting mechanisms based on local conditions to ensure compliance with the law [3].
为民企营造公平竞争市场环境
Sou Hu Cai Jing· 2025-05-26 00:43
Core Viewpoint - The article emphasizes the importance of creating a fair competitive environment for private enterprises in the socialist market economy, highlighting the need for equal opportunities in market competition and the commitment of provincial authorities to promote high-quality development of the private economy [1][2]. Group 1: Market Environment - The current issues faced by private enterprises include obstacles to fair competition and unequal treatment, with some regions not adhering to fair competition principles, making it difficult for private companies to compete on equal footing with state-owned enterprises [1][2]. - The construction of a high-efficiency, standardized, and open market system is urgent, leveraging the opportunity of building a unified national market to eliminate barriers and promote fair competition [1]. Group 2: Market Access - The release of the "Negative List for Market Access (2025 Edition)" has reduced the number of restrictions from 117 in 2022 to 106, indicating a move towards broader market access [1]. - The implementation of the latest negative list and the removal of market entry barriers are crucial to ensure that all enterprises, regardless of ownership or size, enjoy equal treatment and can enter the market legally [1]. Group 3: Institutional Support - The realization of fair competition requires solid institutional guarantees and strict enforcement of the fair competition review system, along with the elimination of policies that hinder a unified market [2]. - Addressing unreasonable restrictions in bidding and procurement processes is essential, with a focus on promoting transparency and fairness in government procurement to enhance the participation of small and medium-sized enterprises [2].
构建公平竞争市场环境,为民营经济发展提供法治保障
Nan Fang Du Shi Bao· 2025-05-01 15:09
Core Points - The "Private Economy Promotion Law" was passed by the 14th National People's Congress Standing Committee and will take effect on May 20, marking the first foundational law specifically for the development of the private economy in China [1] - The law establishes clear provisions to ensure fair competition for private economic organizations, including the implementation of a fair competition review system and the prohibition of barriers to market entry [1][2] - The law aims to create a unified national market, emphasizing the importance of fair competition as a fundamental principle of the market economy [1][3] Summary by Sections Fair Competition System - The establishment and implementation of a fair competition system is crucial for optimizing resource allocation efficiency in market economic development and serves as a foundational system for private economic participation [2] - Article 11 of the law mandates that government departments must conduct fair competition reviews for policies affecting business operations and regularly evaluate and eliminate policies that hinder fair competition [2] Government Actions - In response to the law, the State Administration for Market Regulation has been actively improving supporting systems, including the implementation of the "Fair Competition Review Implementation Measures" and the revision of regulations to curb the abuse of administrative power [2] - A campaign to clean up market entry barriers has been launched, focusing on eliminating administrative monopolistic behaviors established through local regulations and administrative documents [2] Benefits to Private Economy - The fair competition review and enforcement against administrative monopolies are key measures to eliminate local protectionism and market segmentation, with the private economy being the primary beneficiary [3] - The law empowers market supervision departments to handle reports of violations against the fair competition review system, ensuring a conducive market environment for private economic organizations [3] - The ongoing implementation of the Private Economy Promotion Law and the optimization of the fair competition market environment aim to allow private economic entities to participate confidently and develop steadily in the market [3]