公平竞争

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聚焦新修订的《反不正当竞争法》——保护公平竞争、强化“内卷”治理、完善平台管理责任、 共促高质量发展
Xin Lang Ji Jin· 2025-09-12 09:55
Core Points - The newly revised Anti-Unfair Competition Law will take effect on October 15, 2025, marking the second significant amendment since its initial implementation in 1993 and the first major revision in 2017 [1] Group 1: Strengthening Fair Competition - The revised law addresses "involutionary" competition, emphasizing that operators should "fairly participate in market competition" and establishing a fair competition review system to ensure equal access to production factors [2] Group 2: Addressing New Forms of Unfair Competition - The law prohibits new forms of unfair competition in the internet economy, including illegal data acquisition and malicious transactions, with specific provisions against fraudulent practices and misuse of platform rules [3] Group 3: Responsibilities of Platform Operators - For the first time, the law establishes the responsibility of platform operators to manage fair competition within their platforms, including the obligation to create clear competition rules and report unfair practices [4] Group 4: Regulating Abuse of Dominance - The revised law includes provisions against the abuse of dominant market positions by large enterprises, ensuring that they do not impose unreasonable payment terms on smaller businesses [5] Group 5: Clarifying Confusion in Competition - The law expands regulations on confusing competitive behaviors, including unauthorized use of influential media account names and improper use of search keywords that mislead consumers about product origins [6]
反垄断典型案例释放强化公平竞争司法信号
Ren Min Wang· 2025-09-11 00:59
Group 1 - The core viewpoint emphasizes the need to strengthen antitrust measures and promote fair competition policies as an inherent requirement for improving the socialist market economy system [1] - During the 2025 China Fair Competition Policy Promotion Week, the Supreme People's Court released five typical antitrust cases to clarify and standardize the rules for antitrust adjudication, providing clearer behavioral guidelines for various enterprises [2][4] - The Supreme People's Court's ruling against exclusive operating rights granted to a specific company in the shared electric bike sector highlights the violation of antitrust laws and the importance of maintaining fair competition [3][4] Group 2 - The case regarding the cement association's horizontal monopoly agreement illustrates the potential for industry associations to engage in monopolistic behavior, prompting the need for clear boundaries in their operations [5][6] - The Supreme People's Court's decision in the cement association case reinforces the prohibition of industry associations from facilitating monopolistic agreements among their members [6] - The ruling clarifies that industry associations must operate within legal frameworks and cannot manipulate prices or undermine fair competition [6] Group 3 - A significant ruling addressed the rights of victims of horizontal monopolistic agreements, establishing that damages can be claimed even when contracts were signed during the period of monopolistic behavior [7][8] - The court determined that the price increases during the contract period were a result of the monopolistic agreement, allowing for the presumption of damages suffered by the victim [8] - The ruling also clarified the burden of proof regarding claims of price increases due to non-monopolistic factors, placing the onus on the monopolistic entity to provide evidence [8]
响应欧盟新规 谷歌(GOOGL.US)宣布对英欧用户免除云数据迁移费用
智通财经网· 2025-09-10 12:04
智通财经APP获悉,Alphabet(GOOGL.US)旗下谷歌云宣布推出全新服务Data Transfer Essentials,面向欧 盟及英国用户免费开放。据介绍,该服务支持跨多云平台运行工作负载的企业将数据从谷歌云迁移至其 他服务商,且无需支付数据出站费用。 谷歌云全球风险与合规部门高级总监Jeanette Manfra在一篇博客文章中表示:"尽管相关法规允许云服务 提供商将成本转嫁给客户,但Data Transfer Essentials目前向所有客户免费提供。" 此次调整源于《欧盟数据法案》将在2025年9月12日正式生效。该法案旨在提升数据在欧盟地区的可访 问性、公平性与可迁移性,是欧盟更广泛的"数字战略"(Digital Strategy)的组成部分,其核心目标是打造 更公平的数字经济环境。 目前,各大科技巨头(亚马逊(AMZN.US)AWS、微软(MSFT.US)、谷歌)已陆续调整运营策略以符合该法 案要求。微软上月已在欧盟推出按成本计价的数据传输服务,AWS则允许客户在特定场景申请费率优 惠。 这些举措表明,监管机构对市场竞争的推动已开始重塑云服务市场格局。今年7月,英国竞争与市场管 理局 ...
经营主体破2000万户之后:广东再造营商环境
21世纪经济报道· 2025-09-10 09:06
9月9日,广东省加快推进现代化产业体系建设第六场专题会议(市场化法治化国际化营商环境 专场)在广州举行。 会议召开前一天,广东省市场监督管理局公布了一组最新数据:截至9月3日,广东省登记在册 经营主体达到2000.19万户,较2024年末净增95.31万户,增长5%,占全国十分之一,经营主 体总量持续稳居全国第一。 这是企业家们笃定投票的结果。截至8月末,广东全省登记在册私营企业达到834.53万户,同 比增长10.6%,全省登记在册外商投资企业达到23万户,较2024年增长6.97%。其中,粤港澳 大湾区内地九市新设外商投资企业1.85万户,占全省新设外资企业总量的97.73%。 良好的营商环境吸引了超2000万户经营主体扎根南粤。下一个问题是:广东如何通过优化营商 环境,持续保持经济发展韧性、激发市场主体活力、巩固提升产业竞争力?专题会现场,大家 讨论焦点瞄准了两大关键主体: 民企和外商。 但现阶段民营企业发展也存在待解的难题。全国人大代表、广东省工商联主席、研祥高科技控 股集团董事局主席陈志列就坦言,当前民营经济在市场准入、公平竞争、要素支持和服务保障 等方面,仍存在一些困难与障碍。 佳都科技集团股份有 ...
王小鲁:不赞成刺激消费的提法
Sou Hu Cai Jing· 2025-08-29 05:19
Group 1 - Current consumer demand is weak, with final consumption accounting for only 53% of GDP and household consumption at 37%, indicating a serious underconsumption issue [1] - Private investment is stagnant due to concerns over a fair competitive environment and insufficient confidence in future prospects among private enterprises [1][2] - Structural monetary and credit policies aim to support the real economy and improve financing conditions for small and micro enterprises, but often fail to be effective due to systemic issues [1][2] Group 2 - The financial market remains dominated by state-owned banks, making it difficult for small enterprises to secure loans, despite many being financially sound [2] - The rise of internet finance and big data analysis offers potential solutions to reduce loan risks for small enterprises, but regulatory frameworks need to be improved [2] - A more open financial market is necessary, along with fair competition principles to ensure equitable treatment of all enterprises [2][3] Group 3 - The transition from a planned economy to a market economy has highlighted the importance of fair competition for efficiency and motivation for development [3] - Recent trends show that monopolistic state-owned enterprises are seeing profit increases while competitive private enterprises are struggling, indicating an unfair competitive landscape [3][5] Group 4 - The disparity in operating conditions between monopolistic state-owned enterprises and competitive small enterprises is significant, with state-owned enterprises holding a disproportionate share of assets and liabilities [6] - The profitability of state-owned enterprises is primarily concentrated in monopolistic sectors, while competitive sectors still see lower efficiency compared to private enterprises [6] Group 5 - The current economic environment negatively impacts employment, which in turn affects consumer spending, making the health of the private economy crucial for overall economic growth [6][7] - Stimulating consumption is ineffective if consumers lack the ability or confidence to spend; addressing underlying issues such as unemployment and social security is essential [7][8] Group 6 - Active fiscal policies should focus on addressing long-standing social issues rather than merely increasing government investment in potentially inefficient projects [8][9] - Prioritizing spending on social welfare can lead to improved consumer confidence and spending, ultimately driving economic growth [9]
德媒渲染中国风电设备存在风险,欧盟中国商会为中企清洁技术辩护
Huan Qiu Shi Bao· 2025-08-28 22:41
Group 1 - Concerns over China's influence have led a German investment firm, Luxcara, to withdraw its plan to purchase Chinese wind turbines for a North Sea wind farm project, opting instead for Siemens Gamesa's equipment [1][2] - Luxcara's decision was described as being based on operational considerations and the potential for enhanced safety, despite claims of external pressure and public controversy [1][2] - The EU Chamber of Commerce in China criticized the exclusion of Chinese companies based solely on origin, arguing it undermines efficiency and the established goals of open and sustainable development in Europe [1][2] Group 2 - Mingyang Smart Energy, the Chinese manufacturer initially involved in the project, stated it would explore development opportunities in Germany despite withdrawing from this specific project [2] - Luxcara emphasized that all critical components for the wind farm would be sourced from European manufacturers, aiming to mitigate safety concerns raised by some German media and think tanks [2] - The EU Chamber of Commerce in China expressed regret over the portrayal of Chinese clean technology companies as security risks, asserting that they meet EU regulations on cybersecurity and critical infrastructure [2] Group 3 - Luxcara has informed the German Federal Ministry of Economics about the supplier change, although a formal agreement with Siemens Gamesa has not yet been finalized [3] - The German federal government is concerned about escalating trade disputes with China while also recognizing the importance of Chinese affordable energy technology for Germany's renewable energy expansion plans [3]
减轻经营主体负担 更大力度激发经营主体活力
Jing Ji Ri Bao· 2025-08-27 23:23
Group 1: Economic Activity and Business Environment - In the first half of the year, 13.278 million new business entities were established in China, including 4.62 million new enterprises, 8.629 million new individual businesses, and 29,000 new farmers' cooperatives, indicating stable growth across various business types [1] - The Central Political Bureau meeting emphasized the need to stimulate the vitality of various business entities and proposed clear requirements for future work, focusing on market-oriented, legal, and international business environment improvements [1] Group 2: Fair Competition and Regulatory Actions - In March, the Shanghai Market Supervision Administration imposed administrative penalties totaling 222.3 million yuan on three pharmaceutical companies for horizontal monopoly agreements, marking a significant step in enforcing personal accountability for such agreements [2] - The market regulatory authorities have intensified oversight of unfair competition, handling nearly 50,000 cases of various unfair competition, including over 4,000 cases related to online competition [2] Group 3: Reducing Burdens on Businesses - Policies have been implemented to alleviate burdens on businesses, such as reducing the time to open a restaurant from 37 days to 15 days and streamlining the number of documents required for business registration [4] - The Market Supervision Administration has launched guidelines to regulate platform fees, aiming to lower the financial burden on platform operators and enhance compliance [4] Group 4: Continuous Improvement of Regulatory Services - The Market Supervision Administration is actively addressing issues of illegal fees and has initiated a nationwide special action to regulate enterprise-related charges, focusing on key industries and ensuring compliance [7] - Efforts are being made to establish a monitoring platform for enterprise-related fees to identify potential risks and enhance inter-departmental collaboration for effective governance [7]
更大力度激发经营主体活力
Jing Ji Ri Bao· 2025-08-27 22:12
Group 1: Economic Activity and Business Environment - In the first half of the year, 13.278 million new business entities were established in China, including 4.62 million new enterprises and 8.629 million new individual businesses, indicating stable growth across various business types [1] - The Central Political Bureau meeting emphasized the need to stimulate the vitality of various business entities and proposed clear requirements for future work, focusing on market-oriented, legal, and international business environment improvements [1] Group 2: Fair Competition and Regulatory Actions - In March, the Shanghai Market Supervision Administration imposed administrative penalties totaling 222.3 million yuan on three pharmaceutical companies for horizontal monopoly agreements, marking a significant step in enforcing personal accountability for such agreements [2] - The market regulatory authorities have intensified oversight of unfair competition, handling nearly 50,000 cases of various unfair competition, including over 4,000 cases related to online competition [2] Group 3: Reducing Burdens on Businesses - Policies aimed at reducing burdens on businesses have been implemented, such as the reduction of restaurant opening time from 37 days to 15 days and the simplification of required documents for business registration [4] - The Market Supervision Administration has launched guidelines to regulate platform fees, advocating for reduced burdens on platform operators and promoting online business registration processes [4] Group 4: Continuous Improvement of Regulatory Services - The Market Supervision Administration is actively addressing issues of illegal fees and has initiated special inspections to ensure compliance, aiming to reduce interference in normal business operations [7] - There is a commitment to clear outdated fee policies and enhance the monitoring of enterprise-related fees, with a focus on establishing a robust regulatory framework to protect business rights [7]
华宝期货晨报铝锭-20250826
Hua Bao Qi Huo· 2025-08-26 03:07
1. Report Industry Investment Rating - No relevant content found 2. Core Views -成材预计震荡整理运行,价格重心下移、偏弱运行 [1][2] -铝锭预计价格短期高位震荡,短期内消费仅边际改善,近期区间运行为主 [2][3] 3. Summary by Related Catalogs 3.1. Building Materials (Finished Products) -云贵区域短流程建筑钢材生产企业春节停产检修预计影响总产量74.1万吨,安徽省部分短流程钢厂停产日度影响产量1.62万吨左右 [1][2] -2024年12月30日 - 2025年1月5日,10个重点城市新建商品房成交面积环比降40.3%,同比增43.2% [2] -成材供需双弱、市场情绪悲观、冬储低迷,价格震荡下行创近期新低 [2] 3.2. Aluminum -宏观上美联储主席讲话强化9月降息预期,国内政策托底但传导至消费需时间 [1] -上周国内铝下游加工龙头企业整体开工率环比升0.8个百分点至59.5%,部分领域开工率有升有降 [2] -预计8月下旬铝线缆、铝板带延续回升,“金九银十”拉动铝箔、铝型材需求 [2] -8月25日国内主流消费地电解铝锭库存61.60万吨,较上周四增2.0万吨,较上周一涨0.9万吨,库存回升采购情绪转弱 [2]
美媒:“美网”给美国外交上了一课
Huan Qiu Shi Bao· 2025-08-25 23:00
Core Viewpoint - The article discusses the balance between national pride and global cooperation, using the U.S. Open as a metaphor for how the U.S. can pursue its interests while also engaging fairly with the international community [1][2]. Group 1: National Pride and Global Engagement - The U.S. audience desires success for American athletes while also recognizing the value of foreign competitors, indicating a duality in national pride and global cooperation [1][2]. - The competitive spirit in sports can reflect a broader desire for national success in various fields, including research, industry, and arts, suggesting that Americans prefer to be part of a successful "team" [1][2]. Group 2: Fair Competition and Trust - The integrity of sports, such as the U.S. Open, relies on fair competition; any manipulation of rankings would undermine trust and diminish the quality of the event [2]. - The article emphasizes that national identity is not fixed, and the "us vs. them" mentality should have clear boundaries, as many athletes share cross-cultural backgrounds [2]. Group 3: Diplomatic Strategy - The U.S. could adopt a diplomatic strategy that leverages national pride while promoting a fair global competitive environment, benefiting both the country and the world [2]. - It is possible for U.S. leaders to prioritize national interests while contributing to the international community, provided that principles of fair competition are upheld [2].