公平竞争审查制度
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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
Group 1 - The core viewpoint of the news is the revision of the Anti-Unfair Competition Law, which aims to establish a fair competition review system and strengthen the legal framework for fair competition among various operators [1][2] - The revised draft emphasizes the prohibition of forced or disguised coercion by platform operators on other operators to sell goods below cost, which disrupts market competition [1] - The draft also mandates platform operators to clarify fair competition rules in service agreements and transaction rules, and to establish mechanisms for reporting and resolving unfair competition disputes [1] Group 2 - The revised draft specifies the elements constituting unfair competition behaviors such as infringement of data rights and malicious trading, prohibiting operators from using fraudulent or coercive methods to obtain or use data held by other operators [2] - It addresses the issue of large enterprises abusing their dominant position to delay payments to small and medium-sized enterprises, stating that they cannot impose unreasonable payment terms or conditions [2] - The level of administrative penalty authorities has been elevated to provincial-level government supervision departments, enhancing the enforcement of these regulations [2]
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
Core Viewpoint - The draft amendment to the Anti-Unfair Competition Law aims to address issues related to data rights infringement and malicious trading practices, enhancing regulatory measures to ensure fair competition in the market [1][2]. Group 1: Key Provisions of the Draft Amendment - The draft specifies the elements constituting data-related unfair competition and details various forms of malicious trading, such as prohibiting operators from abusing platform rules to conduct false transactions or evaluations that harm other operators' legitimate rights [1]. - It proposes the establishment of a fair competition review system to ensure that all operators can equally utilize production factors and participate in market competition [1]. - The draft emphasizes increased regulatory oversight on unfair competition behaviors by platform operators, prohibiting them from forcing or indirectly coercing platform operators to sell products below cost, which disrupts market order [1]. Group 2: Obligations of Platform Operators - The draft mandates that platform operators clearly define fair competition rules in their service agreements and transaction rules, and establish mechanisms for reporting and resolving unfair competition complaints [2]. - It requires platform operators to take timely legal actions against identified unfair competition behaviors and maintain relevant records, reporting to the local government supervisory departments as necessary [2].
反不正当竞争法修订草案二审:大型企业等经营者不得拖欠中小企业账款
Zhong Guo Xin Wen Wang· 2025-06-24 02:22
Group 1 - The draft amendment to the Anti-Unfair Competition Law prohibits large enterprises from delaying payments to small and medium-sized enterprises (SMEs) for goods, projects, and services [1][2] - The draft specifies that large enterprises must not abuse their advantages in capital, technology, transaction channels, and industry influence to impose unreasonable payment terms on SMEs [1] - The draft establishes a fair competition review system to ensure that all types of operators can equally use production factors and participate in market competition [1] Group 2 - Platform operators are prohibited from forcing or indirectly forcing platform operators to sell goods below cost, which disrupts market competition [1] - The draft requires platform operators to clearly define fair competition rules in service agreements and transaction rules, and to establish mechanisms for reporting and handling unfair competition [2] - If unfair competition is detected among platform operators, necessary measures must be taken promptly, and relevant records must be preserved and reported to the appropriate government supervision department [2]
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]
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]