Workflow
公平竞争审查制度
icon
Search documents
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]