Workflow
反不正当竞争
icon
Search documents
市场监管部门发布数据保护行政执法十大案件
Mei Ri Shang Bao· 2025-10-15 23:04
Group 1 - A data company utilized its cloud computing system to analyze personal information and internet behavior of users, generating user tags for targeted advertising, resulting in over 4.5 million yuan in revenue from January to May 2018 [1] - The company faced a fine of 1.5 million yuan from the Hangzhou Market Supervision Administration for violating the Anti-Unfair Competition Law by engaging in unauthorized advertising practices [1][2] - The revised Anti-Unfair Competition Law, which emphasizes data protection, officially took effect recently, with Hangzhou's regulatory system recognized for its leading role in data protection enforcement [5] Group 2 - A software technology company developed two "data migration" apps that allowed users to scrape detailed product data from third-party e-commerce platforms without consent, generating over 2 million yuan in service fees [3][4] - The company was fined 1.2 million yuan for disrupting market order and violating the Anti-Unfair Competition Law by using unauthorized data scraping techniques [4] - The Hangzhou Market Supervision Administration has identified and published a list of significant data protection enforcement cases, including those related to data scraping and commercial secrets [6]
中新网评:中国“反内卷”正重塑市场
Zhong Guo Xin Wen Wang· 2025-10-15 14:02
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 and Regulatory Actions - The Chinese government has been actively implementing "anti-involution" policies throughout the year to combat low-price and disorderly competition [2] - The Central Economic Committee emphasized the need to rectify chaotic competition in various sectors, including solar energy and automotive industries, and has engaged with relevant stakeholders to promote rational competition [3] - The revised Anti-Unfair Competition Law introduces provisions to protect data rights and prohibits platforms from forcing merchants to sell below cost, aiming to restore fair competition [5] Group 2: Industry Impact and Economic Indicators - The implementation of anti-involution measures has shown positive effects, with industrial profits in August rising by 20.4%, a significant recovery from a 1.5% decline in July [6] - The solar industry is expected to see a restructuring of competition by mid-2025, with major lithium mines halting operations and significant reductions in capital expenditures among leading solar glass companies [6] - The automotive market is transitioning towards a more stable environment, with reduced price cuts and promotions as a result of the anti-involution wave [6] Group 3: Long-term Strategy and Collaboration - The fight against "involution" competition is described as both a challenging and ongoing battle, requiring collaboration among government agencies, judicial bodies, industry organizations, and enterprises to establish a comprehensive governance system [7]
严打私域直播“坑老”!市场监管总局:立案30件罚没956万元
Core Points - The newly revised Anti-Unfair Competition Law of the People's Republic of China officially came into effect on October 15, 2023, aiming to address false advertising and other illegal activities targeting the elderly in the pharmaceutical and health product sectors [1] - The State Administration for Market Regulation has investigated 4,516 cases of illegal activities, imposing fines totaling 68.7691 million yuan, with 30 cases related to private domain live streaming targeting the elderly [1] - The regulatory focus is on false claims made by businesses using private domain live streaming, which poses challenges for monitoring and enforcement due to its closed and difficult-to-trace nature [1] Summary by Sections Regulatory Actions - Local market regulation departments have implemented innovative measures for comprehensive governance, with Shanghai reporting 89 cases and over 1.5 million yuan in fines by the end of September [2] - In Henan Province, a new model combining "penetrating regulation" and "collaborative enforcement" has led to 76 cases of false advertising in live streaming, with fines totaling 486.57 thousand yuan [2] - Guangdong Province has focused on key areas, resulting in 516 cases filed and 344 concluded, with investigations into two private domain live streaming platforms [2] Legal Framework - The new Anti-Unfair Competition Law enhances regulations on false advertising and strengthens the responsibilities of platform enterprises, providing solid legal support for regulatory efforts [2] - The market regulation authorities will leverage the implementation of the new law to intensify the crackdown on various unfair competition practices, aiming to protect consumer rights and foster a fair market environment [2]
听·见|新规实施,向“刷单好评”“低价陷阱”说不
Sou Hu Cai Jing· 2025-10-15 12:24
Core Points - The newly revised Anti-Unfair Competition Law in China addresses various issues in the e-commerce sector, including counterfeit products, fake reviews, and predatory pricing practices [1][3][4] - The law aims to clarify and regulate new forms of unfair competition arising from the platform economy, ensuring a fairer market environment for consumers and legitimate businesses [3][4] Group 1: Key Regulations - The law explicitly defines "confusion behavior" related to "brand squatting," where others' trademarks are used as search keywords to mislead consumers [3] - It prohibits the organization of fake transactions and reviews, mandating platforms to establish reporting mechanisms for unfair competition [3][4] - The law addresses predatory pricing by penalizing sales below cost that disrupt market order [3][4] Group 2: Market Implications - The law seeks to eliminate "consumer traps" that distort market signals, allowing consumers to make informed decisions and helping compliant businesses survive [3][4] - It emphasizes the need for quality over price in competition, encouraging businesses to invest in innovation and new technologies rather than engaging in destructive price wars [4] - The law's effectiveness will largely depend on enforcement by regulatory bodies and the commitment of platforms and businesses to uphold their responsibilities [4]
剑指“内卷式”竞争与平台乱象,新版反不正当竞争法今起实施
Xin Jing Bao· 2025-10-15 12:07
Core Points - The newly revised Anti-Unfair Competition Law of the People's Republic of China officially takes effect on October 15, addressing new issues in market competition, particularly "involution" competition, overdue payments to small and medium-sized enterprises, and platform economy irregularities [1] - The law emphasizes the need for platform operators to comply with regulations and guide their internal operators to engage in fair competition, with specific measures for addressing unfair competition behaviors [1][2] Group 1 - The revision of the law aims to respond to new situations and problems in anti-unfair competition work, reflecting the central government's directives on addressing "involution" competition and overdue payments to SMEs [1] - The law includes clear provisions against new forms of unfair competition in the platform economy, such as keyword manipulation, data rights infringement, false transactions, and malicious returns [1] - Platform operators are required to take necessary actions against unfair competition behaviors within their platforms and report to regulatory authorities [1] Group 2 - Market regulators will enforce the new law rigorously, targeting various forms of unfair competition and illegal activities that disrupt fair competition, thereby protecting consumer rights and fostering a fair market environment [2] - Operators are reminded to adhere to competition rules and continuously review their business practices against legal standards to ensure fair participation in the market [2]
反不正当竞争法明起施行,金价跳水京东回应造车
3 6 Ke· 2025-10-14 12:36
Group 1 - The newly revised Anti-Unfair Competition Law will take effect tomorrow, which includes provisions to curb "involution" type of vicious competition [5] - COMEX gold prices experienced a sharp decline, with a drop of 0.64% as of 15:00, after reaching a new high of $4,190.9 per ounce earlier [5] - JD.com announced a collaboration with CATL's Times Electric and GAC Group to launch a new car on November 9, clarifying that JD.com will not be directly involved in manufacturing [5][6] Group 2 - Bull Group's vice chairman plans to reduce holdings and cash out over 1.6 billion yuan [6] - Bull Group's performance in the first half of the year has been under pressure, leading to a decline in stock price [6] - NVIDIA's CEO Jensen Huang delivered a mini supercomputer, DGX Spark, to Elon Musk [6]
“1元奶茶”等低价内卷,新法有规定!明日起正式实施
Mei Ri Jing Ji Xin Wen· 2025-10-14 08:49
Core Points - The newly revised Anti-Unfair Competition Law of the People's Republic of China will officially take effect on October 15, addressing challenges in the digital economy and enhancing legal protections for both businesses and consumers [1] Group 1: Regulation of Unfair Competition - The new law specifically strengthens online competition rules, prohibiting behaviors such as forced redirection, malicious uninstallation, and the improper acquisition and use of others' data [1] - It aims to directly regulate issues like "traffic hijacking," "data theft," and "internet water armies" [2] Group 2: Protection of Small and Medium Enterprises (SMEs) - The law addresses the issue of large enterprises delaying payments to SMEs, explicitly prohibiting the abuse of dominant positions to impose unreasonable trading conditions or delay payments [3] - This regulation targets unfair trading practices such as large enterprises withholding payments for over six months and arbitrary changes in acceptance standards, creating a more equitable competitive environment for SMEs [5] Group 3: Brand Protection and Misleading Practices - The law introduces detailed regulations against "brand squatting" and misleading practices in live-streaming platforms, where smaller brands mimic well-known brands to mislead consumers [6] - It prohibits unauthorized use of influential new media account names, application names, or logos, and the use of others' registered trademarks as search keywords to mislead consumers [7][9] Group 4: Combatting False Transactions and Reviews - The law explicitly bans organizing false transactions and reviews, addressing the gray market of fake reviews that mislead consumer decisions [10] - It requires platforms to establish reporting mechanisms for unfair competition and mandates timely action against violations, creating a dual defense of self-inspection and regulatory oversight [10] Group 5: Addressing Price Wars and Market Order - The law aims to curb "involution" in competition, preventing platforms from forcing or indirectly compelling sellers to sell below cost, which disrupts market order [11] - It specifically addresses extreme low pricing practices that compromise product quality and safety, such as in the power bank and tea beverage industries [10]
《中华人民共和国反不正当竞争法》发布!自10月15日起施行
Ren Min Ri Bao· 2025-10-11 08:40
Core Points - The "Anti-Unfair Competition Law of the People's Republic of China" has been revised and will take effect on October 15, 2025 [2][33] - The law aims to promote healthy development of the socialist market economy, encourage fair competition, and protect the legitimate rights and interests of operators and consumers [4][5] Summary by Sections General Principles - The law establishes principles of voluntary, equality, fairness, and integrity for operators in their production and business activities [4] - Unfair competition behaviors are defined as actions that disrupt market order and harm the legitimate rights of other operators or consumers [4][6] Unfair Competition Behaviors - Operators are prohibited from engaging in confusion behaviors that mislead consumers into believing products are from another operator [12] - Bribery to gain trading opportunities or competitive advantages is strictly forbidden [13][14] - False or misleading commercial promotions are not allowed, including organizing fake transactions or evaluations [19] - Infringement of trade secrets through improper means is prohibited [16][17] Investigation of Unfair Competition - Supervisory departments can conduct investigations into suspected unfair competition behaviors, including inspections and inquiries [22][23] - Any unit or individual has the right to report suspected unfair competition, and the supervisory department must handle reports promptly [20][24] Legal Responsibilities - Operators violating the law must bear civil liability for damages caused to others [25][26] - Penalties for various violations include fines, confiscation of illegal gains, and potential revocation of business licenses [27][28][29] - The law outlines specific penalties for different types of violations, including severe penalties for serious offenses [30][31] Miscellaneous - The law applies to unfair competition behaviors conducted outside of China that disrupt market order within the country [32] - The law will officially come into effect on October 15, 2025 [33]
【法治之道】以法治化手段重塑公平市场秩序
Zheng Quan Shi Bao· 2025-10-09 18:21
Core Viewpoint - The newly revised Anti-Unfair Competition Law of the People's Republic of China will officially take effect on October 15, 2025, focusing on regulating new forms of competition issues in the digital economy, such as false transactions and malicious returns, which disrupt market order [1] Group 1: Regulation of Unfair Competition - The law addresses the issues of false transactions and malicious returns, which have become survival tactics for some e-commerce platforms, indicating a need for a profound transformation in the competitive order of the digital economy [1] - The revised law aims to establish a standard of integrity in digital competition, requiring operators to shift from a speculative mindset based on data manipulation to a long-term approach that relies on genuine service quality to gain consumer recognition [2] Group 2: Price Competition and Market Dynamics - The law critically examines low-price competition, prohibiting platforms from forcing merchants to sell below cost, which is seen as a corrective measure against harmful competition practices that can lead to industry profit depletion and quality decline [3] - The legislative process reflects a deep understanding of the competitive dynamics in the digital economy, tailoring solutions to new characteristics and problems rather than applying traditional regulatory frameworks [3]
为数字经济筑牢公平竞争法治基石
Nan Fang Du Shi Bao· 2025-10-09 16:12
Core Viewpoint - The newly revised Anti-Unfair Competition Law of the People's Republic of China, effective from October 15, aims to address new challenges in market competition, particularly in the digital economy, by targeting new forms of unfair competition and enhancing regulatory measures [2][3]. Group 1: New Market Characteristics - The rapid development of platform and sharing economies has led to significant changes in market competition, with data becoming a key element and technologies like algorithms and artificial intelligence being widely applied [2]. - Increased market concentration and scale effects have made it easier for leading platforms to establish dominant market positions, presenting new challenges for anti-unfair competition [2]. Group 2: Key Provisions of the New Law - The law specifically targets false transactions, aiming to dismantle the gray industrial chain of fake reviews and sales, which mislead consumers and create a vicious cycle of poor quality [3]. - It emphasizes the protection of data rights, prohibiting illegal data acquisition and interference with others' data products, thus ensuring safe and regulated data utilization [3][4]. - The law clarifies the responsibilities of platform operators, requiring them to provide a fair competitive environment and not to exploit their advantages to engage in monopolistic practices [4]. Group 3: Implementation Challenges - Effective implementation of the law requires enhanced regulatory enforcement to detect hidden violations, utilizing technologies like big data and artificial intelligence for real-time monitoring [4]. - There is a need for mechanisms that encourage consumers and businesses to assert their rights, addressing the high costs and difficulties associated with legal recourse [5].