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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]
黑龙江省坚持“破立并举” 持续优化市场环境
Zhong Guo Xin Wen Wang· 2025-11-07 17:50
Core Points - During the "14th Five-Year Plan" period, Heilongjiang Province has actively integrated into and served the national unified market construction, establishing policies and systems conducive to the competitive development of business entities, resulting in significant achievements [1][3] - The number of business entities in Heilongjiang Province increased by 28% compared to the end of the "13th Five-Year Plan," with enterprises growing by 34.9% [1] Group 1 - Heilongjiang Province has established a provincial-level anti-monopoly and anti-unfair competition committee, innovating the "three letters and two documents" system for fair competition review, correcting 168 policy measures that violated fair competition standards, and abolishing 1,702 local standards [3] - The province has handled 609 cases of monopoly and unfair competition, effectively breaking local protectionism and market segmentation, thereby continuously optimizing the market competition ecology [3] Group 2 - In terms of regional cooperation, Heilongjiang Province has actively promoted collaboration among the three northeastern provinces and one region in areas such as administrative law enforcement, enterprise credit, food safety, standard certification, and inspection and testing, establishing a linkage mechanism for "same standards in different places" [3] - The province initiated and jointly handled 224 cases and released 13 regional standards, while also deepening cooperation with Guangdong Province to help more advantageous agricultural and forestry products from Heilongjiang enter the Guangdong-Hong Kong-Macao Greater Bay Area market [3] Group 3 - Moving forward, Heilongjiang Province will continue to strengthen comprehensive governance of competitive order, further optimize the market environment, and focus on enhancing product quality to inject new momentum for high-quality development [3]
深化市场准入“异地同标” “十四五”以来川渝互办互发营业执照871户
Zhong Guo Xin Wen Wang· 2025-10-15 08:44
Core Points - The article discusses the progress made in the Chongqing and Sichuan regions regarding business license issuance and market access since the start of the 14th Five-Year Plan, highlighting the issuance of 871 business licenses through a streamlined process [1][2] Group 1: Market Access and Business Licenses - Chongqing has implemented "same standards for different locations" to facilitate cross-province business operations, allowing businesses and individuals to apply for licenses closer to home or online, reducing the need for travel [1] - A total of 871 business licenses have been mutually issued between Chongqing and Sichuan, indicating a significant improvement in administrative efficiency [1] Group 2: Regulatory and Competitive Environment - The Chongqing market supervision authority has identified and corrected 76 policies that hinder fair competition, ensuring that local governments do not act as both "players" and "referees" in the market [1] - Chongqing has established administrative penalty guidelines for 28 common violations, particularly in food safety and pricing, to ensure fair and appropriate penalties [1] Group 3: Business Environment Optimization - The "Yuyue Easy Business Office" service system has been created to streamline the entire lifecycle of business operations, achieving a 99.99% one-day completion rate for new business registrations and a 99.61% online processing rate [2] - The number of business entities in Chongqing has increased from 3 million to 3.83 million over the past five years, reflecting enhanced entrepreneurial activity [2] Group 4: Support for Individual Businesses - Chongqing has implemented targeted support for individual businesses, facilitating the transformation of 12,300 individual businesses into companies and providing 25 billion yuan in funding support through credit financing [2] - These initiatives aim to stabilize operations, expand scale, and promote development for individual businesses [2] Group 5: Quality and Standards Development - Over the past five years, Chongqing has advanced quality and standards initiatives, establishing 13 industrial measurement testing centers and 80 one-stop quality infrastructure service platforms [2] - The region has led or participated in the formulation of 23 international standards and 1,876 national and industry standards, promoting quality management and brand development [2]
塔城市组织召开公平竞争审查培训会
Zhong Guo Shi Pin Wang· 2025-09-28 13:24
Core Viewpoint - The training organized by the Tacheng Market Supervision Administration aims to enhance the capacity of policy-making agencies in fair competition review, addressing the challenges of unclear understanding and improper standards in grassroots review work [1] Group 1: Training Details - The training session involved 80 participants from 40 local units, focusing on the core principles of the Fair Competition Review Regulations [1] - Expert lecturers provided legal explanations and case analyses, clarifying the review scope, standards, and procedural norms [1] - The training effectively addressed ambiguities in review work, offering strong guidance for precise implementation [1] Group 2: Future Actions - Following the training, the Tacheng Market Supervision Administration plans to conduct spot checks on fair competition policy measures and engage third-party evaluations [1] - The initiative aims to deepen the implementation of the fair competition review system, fostering a fair and orderly market environment for high-quality economic development in Tacheng [1]
市场监督管理总局:持续健全新业态新模式常态化监管制度,着力提升穿透式监管能力
Core Insights - The State Administration for Market Regulation of China has announced progress on the third round of inspections, focusing on enhancing regulatory capabilities for new business models and ensuring food safety [1] Regulatory Developments - Continuous improvement of regulatory systems for new business models is emphasized, aiming to enhance penetrating regulatory capabilities [1] - The implementation plan for the national standard system is being expedited [1] - Ongoing revisions to the Food Safety Law are prioritized to maintain food safety standards [1] Quality and Market Oversight - There is a strong focus on comprehensive product quality supervision throughout the entire lifecycle to protect public safety [1] - Efforts are being made to establish a unified national market and improve the legal framework for antitrust regulations [1] - The development of a fair competition review system is being refined [1] Capacity Building and Information Systems - A three-year action plan is being launched to enhance the capabilities of law enforcement personnel within the market regulation system [1] - Guidelines for strengthening the capabilities of market regulation office heads are being formulated [1] - Plans are in place to complete the market regulation information technology project and to integrate existing information systems for better regulatory efficiency [1]
全省政府系统合法性审查能力提升培训班举办
Hai Nan Ri Bao· 2025-09-20 01:39
Group 1 - The training session aims to enhance the legal review capabilities of the provincial government system in Hainan, focusing on the requirements of building a law-based government [1] - The training program lasts for three days and addresses key areas such as legality review, trade compliance review, fair competition review, institutional integrity assessment, and social stability risk assessment [1] - The training combines specialized guidance, case studies, practical exchanges, and hands-on testing, featuring experts from various governmental departments [1] Group 2 - Nearly 200 participants attended the training, including responsible officials from provincial government departments, municipal government officials, and newly appointed legal advisors [1] - The training represents the first instance of joint training for legal review personnel and external legal advisors within the government system [1]
5年来北京查办反垄断和反不正当竞争案件共计2690件
Ren Min Ri Bao· 2025-09-18 01:40
Core Viewpoint - Over the past five years, Beijing's market regulatory authority has focused on antitrust and unfair competition cases, resulting in the handling of 2,690 cases and imposing fines exceeding 200 million yuan [1] Group 1: Regulatory Actions - The Beijing market regulatory authority has established precise regulations in key areas and strengthened review mechanisms [1] - A total of 400 platform enterprises have been covered under the "one-on-one" compliance guidance mechanism [1] - The release of the "Beijing Antitrust Compliance Guidelines" addresses compliance reminders for seven industry sectors, including public utilities and raw materials [1] Group 2: Enforcement in Key Sectors - Increased regulatory efforts in essential sectors such as education, healthcare, and public utilities have been emphasized [1] - The first antitrust enforcement case in the pharmaceutical sector has been initiated, along with actions against monopolistic agreements in dental implant services, which are expected to reduce costs for the public by over 40% [1] Group 3: Regional Cooperation - The market regulatory departments of Beijing, Tianjin, and Hebei have signed a cooperation agreement for antitrust enforcement and fair competition review [1] - Unified review standards and mutual policy checks have been established, with 255 policy documents undergoing cross-checks for fair competition [1]
北京查办反垄断和反不正当竞争案件共计2690件
Ren Min Ri Bao· 2025-09-17 22:22
Core Insights - Over the past five years, Beijing's market regulatory authority has handled 2,690 antitrust and unfair competition cases, with fines exceeding 200 million yuan [1] - The authority has focused on key sectors, establishing compliance guidelines for platform economies and providing one-on-one compliance guidance for over 400 platform enterprises [1] - A comprehensive review mechanism has been developed, including the issuance of antitrust compliance guidelines tailored to Beijing's characteristics and enforcement priorities across seven industry sectors [1] Regulatory Developments - The establishment of a joint meeting system at both municipal and district levels to enhance regulatory collaboration [1] - Implementation of interim measures for fair competition review processes and the establishment of a scientific review mechanism [1] - Strengthened regulatory efforts in essential sectors such as education, healthcare, and public utilities, including the first antitrust enforcement case in the pharmaceutical sector [1] Collaborative Efforts - The signing of a cooperation agreement among the market regulatory authorities of Beijing, Tianjin, and Hebei to unify review standards and share resources [1] - A total of 255 policy documents have undergone cross-review for fair competition among the three regions [1] - Specific cases, such as the dental implant monopoly agreement, have led to significant cost reductions for consumers, estimated to lower expenses by over 40% [1]
全国人大常委会法工委依法开展备案审查工作 清理法规 平等对待企业(坚持和完善人民代表大会制度)
Ren Min Ri Bao· 2025-09-11 22:00
Group 1 - The central government emphasizes the need to deepen the construction of a unified national market and optimize market competition order [1] - Recent reviews by the National People's Congress (NPC) Standing Committee have identified and corrected various local regulations that impose unnecessary burdens on enterprises, such as the property warranty fund requirement [2][3] - The property warranty fund, which is typically 1%-3% of the total construction cost, has been recognized as a significant financial burden for construction companies [2][3] Group 2 - Local regulations requiring ride-hailing platforms to establish branches in the city of operation have been deemed unreasonable and unnecessary, increasing operational costs for companies [4][5][7] - The NPC Standing Committee has initiated a review of local regulations that conflict with national policies aimed at promoting a unified market, identifying several regulations that need to be amended or abolished [7][8] - The review process has led to the identification of 178 local regulations that require modification or repeal to ensure fair competition and equal treatment of enterprises [7][8] Group 3 - Employment discrimination based on local residency requirements for taxi drivers has been highlighted, with several cities having regulations that restrict non-local residents from obtaining taxi operating licenses [9][10] - The NPC Standing Committee has received multiple suggestions to review and amend these discriminatory regulations, aligning them with national policies promoting equal employment rights [9][10]
公平竞争相关涉税政策文件条款,一图读懂→
蓝色柳林财税室· 2025-09-10 11:11
Group 1 - The article discusses the conditions under which policy measures can be drafted, emphasizing the need to avoid restrictions on market entry and exit [4][5][6] - It highlights that policies must not include provisions that limit the free flow of goods and factors, such as discriminatory charges or requirements for local and foreign operators [4][5][6] - The article specifies that any policy measures affecting production costs must have legal or administrative basis and cannot provide selective tax benefits to specific operators [5][10][11] Group 2 - The article outlines that policy measures should not force or facilitate monopolistic behavior among operators, nor should they exceed legal authority in setting government prices [6][15][16] - It states that any measures that may restrict competition must meet certain criteria, including alignment with national security or public interest, and must have a defined implementation period [8][18] - The article emphasizes the importance of fair competition reviews for any policy measures that could potentially limit competition [10][17]