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手机App强制跳转!国家出手
新华网财经· 2025-11-27 11:36
Group 1 - The core viewpoint of the article emphasizes the need for compliance in the mobile phone and application platform industry to combat unfair competition practices [2] - The State Administration for Market Regulation (SAMR) has identified significant issues of irrational competition in the mobile sector, where some companies exploit technological and data advantages to engage in unfair practices such as traffic hijacking and forced redirects [2] - SAMR calls for industry players to enhance their awareness of responsibilities, thoroughly learn the new anti-unfair competition law, and establish robust internal compliance management systems to maintain a fair market environment [2] Group 2 - The article mentions that SAMR will continue to strengthen enforcement against unfair competition and improve the rules for fair competition, utilizing tiered regulatory tools to protect market fairness and consumer rights [2] - The event included participation from various stakeholders, including representatives from market regulation departments in Guangdong, Shanghai, and Chongqing, as well as mobile companies, application platform enterprises, industry associations, and media [3]
市场监管总局对手机行业开展合规指导
市场监管总局强调,手机行业相关经营者要切实增强责任意识,深入学习新反不正当竞争法,高度重视 反不正当竞争合规工作。要全面排查风险隐患,建立健全内部合规管理体系,自觉维护公平竞争市场环 境。要坚决停止并防范各类不正当竞争行为,推动形成优质优价、良性竞争的市场秩序。要遵守法律和 商业道德,共同构建健康有序、互利共赢的产业生态。 市场监管总局将持续强化反不正当竞争监管执法,不断完善公平竞争制度规则,用好梯次性监管工具, 切实维护市场公平竞争和消费者合法权益,推动手机行业规范健康可持续发展。 记者从市场监管总局获悉,11月26日,市场监管总局在广东深圳对手机和手机应用平台企业开展反不正 当竞争合规指导。 市场监管总局通报了手机行业不正当竞争典型案例,并指出,作为数字经济关键组成部分,手机和手机 应用领域当前非理性竞争问题较为突出,部分企业利用技术、数据、平台规则等优势实施流量劫持、强 制跳转、恶意不兼容等不正当竞争行为,损害其他经营者和消费者的合法权益,扰乱市场公平竞争秩 序。 (原标题:市场监管总局对手机行业开展合规指导) 21世纪经济报道记者 王俊 ...
市监总局对不正当竞争出手:手机及App流量劫持、强制跳转成整治重点
Feng Huang Wang· 2025-11-27 07:39
Core Insights - The event organized by the State Administration for Market Regulation focused on addressing irrational competition in the mobile phone and application platform sectors [1] - Regulatory authorities highlighted the need for clearer compliance standards to address issues such as blurred competition boundaries and rule abuse [1] Group 1: Regulatory Actions - The meeting reported multiple typical cases of unfair competition practices, including traffic interception, forced redirection, and malicious incompatibility settings [1] - Companies are required to review the newly revised anti-unfair competition regulations, conduct systematic risk assessments, and enhance internal compliance mechanisms [1] Group 2: Industry Impact - The mobile and application ecosystem is recognized as a crucial foundation of the digital economy, necessitating a return to competition based on product and service quality [1] - Regulatory bodies will increase enforcement efforts and improve institutional tools to maintain consumer rights and ensure long-term industry stability [1]
江苏省徐州市市场监管局发布2025“守护消费”铁拳行动典型案例(第六批)
Core Points - The Xuzhou market supervision department aims to enhance consumer protection by focusing on issues that significantly impact public welfare and safety, emphasizing strict enforcement against various illegal activities in the consumer sector [2] Group 1: Case Summaries - Case 1: A dental clinic in Xuzhou was fined 30,000 yuan for false advertising, including misleading qualifications of doctors not practicing at the clinic [3] - Case 2: A seller in Suining was penalized for selling 531 bottles of counterfeit liquor, with a total illegal revenue of 83,724.04 yuan and illegal gains of 30,807.36 yuan, resulting in a fine of 10,000 yuan [4] - Case 3: A cosmetics store in Jiawang was fined 20,000 yuan for selling prohibited food products, specifically capsules containing banned substances, with a total sales amount of 400 yuan [5] - Case 4: A trading company in Gulou was fined 40,000 yuan for misleading consumers by using the Li Ning brand logo without authorization, creating confusion about its relationship with the brand [6] - Case 5: A food store in Yunlong was fined 30,000 yuan for false advertising targeting elderly consumers, lacking scientific evidence for its claims about the benefits of its products [7]
告别“内卷式”竞争,提升数字经济监管效能丨法经兵言
Di Yi Cai Jing· 2025-11-18 12:45
Core Insights - The article emphasizes the need for a comprehensive enhancement of regulatory concepts, systems, capabilities, and tools to adapt to the evolving market competition landscape, particularly focusing on antitrust and unfair competition regulations [1] Regulatory Developments - Significant progress has been made in antitrust and unfair competition efforts under the leadership of the central government, including a major revision of the Antitrust Law and continuous improvement of supporting regulations, enhancing the scientificity, transparency, and predictability of the regulatory framework [2] - The enforcement of regulations has intensified, with notable cases in key sectors such as pharmaceuticals and platform economies, effectively deterring illegal practices like false advertising and exclusive agreements [2] - The regulatory enforcement system has been optimized, with clearer division of responsibilities between central and local authorities, leading to improved consistency and authority in enforcement [2] Challenges in Regulatory Framework - The rise of digital technologies and innovative business models poses challenges to traditional regulatory tools, as monopolistic behaviors become more sophisticated and harder to detect [3] - The complexity of digital platforms blurs competitive boundaries, making market definitions and assessments of competitive harm more complicated [3] Issues Affecting Regulatory Effectiveness - "Involution" competition in certain sectors has deteriorated the fairness of the market, with companies resorting to excessive subsidies and unfair practices, complicating regulatory oversight [4] - Regulatory capacity struggles to meet the demands of monitoring complex and technologically advanced monopolistic behaviors, with a shortage of skilled professionals in local regulatory bodies [5] - Insufficient policy coordination undermines the effectiveness of antitrust laws, as local interests may conflict with national market unity goals [6] Recommendations for Improvement - Enhancing regulatory enforcement capabilities through professional training and the introduction of advanced technologies like big data and AI to create intelligent regulatory platforms [7] - Establishing a coordinated mechanism among various departments to improve communication and collaboration in regulatory efforts [8] - Developing industry-specific compliance guidelines to address the unique challenges posed by emerging sectors such as e-commerce and digital finance [9] - Implementing a compliance incentive system for businesses to encourage proactive compliance management and reduce reliance on reactive enforcement [10]
用户数据迁移的权益边界:平台昵称、头像与社交关系的归属与竞争分析
3 6 Ke· 2025-10-30 04:18
Group 1 - The core argument is that user nicknames, avatars, and friend relationships on online platforms are considered personal information, and users have the right to use this information across different platforms without restrictions from the original platform [2][4][6] - Personal information is defined under various laws in China, including the Cybersecurity Law, Civil Code, and Personal Information Protection Law, which collectively outline that personal information includes any data that can identify an individual [3][4] - The distinction between personal information and the electronic data that stores this information is crucial, as personal information belongs to the user, while the platform has rights over the electronic data that contains this information [5][6] Group 2 - When a user wants to use their personal information from one platform on another, they can do so either by directly setting the same information on the new platform or by requesting the original platform to transfer the data, which requires permissions from both the user and the original platform [6][7] - If platform B obtains user information from platform A, it must secure permissions from both the user and platform A to use that information, ensuring compliance with the Personal Information Protection Law [8][10] - The analysis of competition law indicates that platform B's use of user information from platform A, if done with user consent, does not constitute unfair competition, as it does not harm user interests [11][12] Group 3 - The concept of data portability is emphasized, allowing users to request the transfer of their personal information from one platform to another, which is crucial for enhancing user experience and competition among platforms [14][15] - There is a need for regulatory measures to protect data portability rights, especially for smaller platforms against larger ones, ensuring fair competition and user rights [15][16] - The revised Anti-Unfair Competition Law includes provisions to prevent unfair practices in data usage, reinforcing the importance of user consent and the lawful transfer of personal information [13][12]
新修订的反不正当竞争法正式施行 法治护航全国统一大市场
Ren Min Ri Bao· 2025-10-20 23:36
Core Points - The newly revised Anti-Unfair Competition Law will take effect from October 15, aiming to enhance market competition rules and optimize the business environment [1][3] - The law targets "involution-style" competition, particularly in the platform economy, to promote healthy market practices and prevent low-quality competition [2][4] - The law emphasizes the protection of small and medium-sized enterprises (SMEs) from unfair practices by larger companies, ensuring fair competition opportunities [4][5] Group 1 - The revised law establishes a fair competition review system to ensure all market participants can compete fairly [2][3] - It prohibits platform operators from forcing internal operators to sell below cost, addressing the issue of "involution-style" competition [2][4] - The law aims to break down industry barriers and market entry restrictions, fostering a more vibrant market environment [3][5] Group 2 - The law provides specific protections for SMEs against the abuse of power by larger enterprises, ensuring reasonable payment terms and conditions [4][5] - It aims to create a comprehensive legal framework for fair competition, enhancing resource allocation and promoting innovation [5] - The law addresses challenges in regulating unfair competition in the digital market, including data misuse and malicious transactions [6][7]
市场监管总局:重拳出击“私域围猎老年人”乱象
Core Viewpoint - The National Market Supervision Administration is intensifying efforts to combat false advertising in private domain live streaming, particularly targeting misleading promotions of drugs and health products aimed at the elderly [1][2][3]. Group 1: Regulatory Actions - A total of 30 cases of false advertising in private domain live streaming have been filed, with 6 cases involving platforms and 24 involving merchants, resulting in penalties totaling 2.93 million yuan and proposed penalties of approximately 6.63 million yuan [1][3]. - The market supervision system has collected 7,415 problem leads from the public and businesses, leading to the investigation of 4,516 illegal cases with fines totaling 68.77 million yuan [2][3]. - Since July, platforms have banned 5,904 illegal videos and 11,000 live streams, with 1,877 stores facing live streaming bans [4]. Group 2: Targeted Demographics - Unscrupulous merchants are using tactics like "free health lectures" and "expert consultations" to lure elderly consumers into private domain live streams for false marketing [2][3]. - The focus of the crackdown includes false advertising and price fraud related to elderly drugs and health products, which are seen as violations of the rights of elderly consumers [2][3]. Group 3: Challenges in Enforcement - The private domain live streaming model presents challenges for regulatory enforcement due to its closed and hidden nature, making it difficult to collect evidence and trace the supply chain [7][8]. - Merchants often destroy evidence and evade responsibility through tactics like "closing after the broadcast" and blocking information [7]. Group 4: Technological Support - Technological advancements are aiding regulatory efforts, with initiatives like "You Shoot, I Check" for collecting leads and the use of AI for monitoring illegal activities [8]. - The introduction of third-party monitoring and big data analysis is enhancing the ability to detect and address violations in private domain live streaming [8]. Group 5: Legal Framework - The newly revised Anti-Unfair Competition Law, effective October 15, strengthens regulations against false advertising and clarifies the responsibilities of platform enterprises [9][10]. - The law aims to promote fair competition and address current market challenges, providing a solid legal foundation for combating false advertising [9][10].
新《反不正当竞争法》实施,三大亮点守护消费者权益
Xin Jing Bao· 2025-10-16 11:25
Core Points - The new Anti-Unfair Competition Law focuses on regulating the digital economy, addressing issues such as search engine bidding, fake reviews, and counterfeit accounts, which are closely related to consumer rights protection [1][3][8] Search Engine Bidding Regulation - The law introduces regulations against using others' product names or trademarks as search keywords, which can mislead consumers and create confusion [2][3] - Violators may face penalties including cessation of illegal activities, confiscation of illegal goods, fines, or revocation of business licenses [3] Fake Reviews Industry - The law targets the practice of generating fake reviews, which mislead consumers and distort market competition [4][6] - Businesses involved in organizing fake transactions or reviews will face strict penalties, promoting fair competition and protecting consumer rights [6][8] Counterfeit Accounts in Social Media - The law prohibits the unauthorized use of influential new media account names or logos, which can mislead the public [7][8] - This regulation aims to protect the intellectual property and market value of original content creators, fostering a healthier competitive environment in the digital space [8]
中国“反内卷”正重塑市场
Zhong Guo Xin Wen Wang· 2025-10-16 00:56
Core Viewpoint - The newly revised Anti-Unfair Competition Law in China aims to address "involution" competition, which has led to unhealthy market practices and is expected to reshape industry dynamics [1][5][7] Group 1: Policy Implementation - The revised Anti-Unfair Competition Law officially took effect on October 15, marking a significant step in regulating "involution" competition [1] - Since the beginning of the year, China has introduced multiple policies targeting "involution" [2] - The 20th Central Financial Committee emphasized the need to rectify low-price and disorderly competition, particularly in industries like solar energy and automotive [3] Group 2: Industry Impact - The "involution" competition has disrupted market order, leading to reduced product quality and stifled innovation, ultimately affecting industry growth [3][4] - The new law includes provisions for data rights protection and prohibits platforms from forcing merchants to sell below cost, aiming to restore fair competition [5] - As a result of ongoing "anti-involution" measures, industrial profits showed a significant recovery, with a 20.4% increase in August compared to a 1.5% decline in July [6] Group 3: Future Outlook - The "anti-involution" measures are expected to lead to a more stable market environment, with industries like automotive moving towards reduced price wars and more balanced promotions [6] - The restructuring of competition in the photovoltaic sector is anticipated, with significant reductions in capital expenditures and production among leading companies [6] - The enforcement of the new law requires collaboration among administrative, judicial, and industry organizations to create a comprehensive governance system [7]