公平竞争审查制度

Search documents
蓝鲸评论|三大电商平台集体“降温”,外卖平台集体划线,真正改变还要看下一步
Sou Hu Cai Jing· 2025-08-01 05:40
Core Viewpoint - Major instant retail platforms, including Meituan, Taobao Flash Sale, Ele.me, and JD, have collectively announced their commitment to resist irrational price wars and return to rational operations, emphasizing the protection of merchant rights and the promotion of orderly industry development [2][3][4]. Group 1: Company Commitments - Meituan has made five key commitments, notably to stop selling goods and services at prices significantly below cost, aiming to avoid market distortion and waste [3][4]. - Taobao Flash Sale and Ele.me have outlined four action paths, including rational planning of subsidy activities and opposing irrational promotions like "0 yuan purchase" to protect merchant profit margins [3][4]. - JD has introduced four measures to regulate platform operations, including resisting harmful subsidies and promoting differentiated competition focused on quality and service [4][5]. Group 2: Regulatory Context - The collective cooling of the price war among these platforms comes in the context of the upcoming implementation of the revised Anti-Unfair Competition Law, which will regulate "involution-style competition" in the platform sector starting October 15, 2025 [4][5]. - The new law explicitly prohibits platforms from forcing merchants to sell at below-cost prices and requires the establishment of fair competition rules and reporting mechanisms for violations [5][6]. Group 3: Market Implications - The platforms' unified stance is seen as a response to long-standing dissatisfaction among merchants and aims to signal a shift away from aggressive price competition towards a focus on quality growth [6][7]. - The effectiveness of these commitments will depend on the platforms' ability to implement transparent subsidy mechanisms and ensure merchant interests are protected, which will be crucial for restoring consumer trust [6][7].
法治化夯实营商环境制度保障
Jing Ji Ri Bao· 2025-07-23 22:08
Core Viewpoint - The article emphasizes the importance of optimizing the business environment in various regions of China, highlighting the significant achievements in legal and regulatory frameworks that support high-quality development [1][2][3]. Group 1: Legal and Regulatory Framework - Various regions, such as Gansu and Guizhou, have implemented new regulations to enhance the business environment, including the "Gansu Province Optimization of Business Environment Regulations" and the "Gansu Province Public Resource Trading Management Measures" [2]. - The introduction of laws like the "Foreign Investment Law of the People's Republic of China" and the "Regulations on Optimizing the Business Environment" has effectively reduced burdens on businesses and created a more conducive environment for development [1][3]. Group 2: Fair Competition and Legal Protection - The use of information technology to curb excessive administrative inspections has significantly reduced the burden on enterprises, allowing them to compete under fair rules [3]. - Special actions taken by various regions have effectively protected the legal rights of enterprises, providing timely legal assistance against unlawful infringements, thereby enhancing their sense of security [3]. Group 3: Service Improvement and Administrative Efficiency - The shift from "management-oriented administration" to "service-oriented administration" is being promoted, with initiatives like the establishment of diversified mediation workstations for labor disputes to resolve issues efficiently [4]. - Efforts to enhance the transparency of enterprise credit information and the introduction of measures to reduce arbitrary enforcement are crucial for creating a fair market environment [4].
全面推广电子营业执照,即墨“26条”新政为营商环境“提温”
Qi Lu Wan Bao Wang· 2025-07-16 11:24
Core Viewpoint - The article discusses the implementation of the "Measures for Optimizing and Enhancing the Business Environment in Jimo District, Qingdao City by 2025," which includes 26 specific measures aimed at creating a market-oriented, law-based, and international first-class business environment to enhance the sense of gain for business entities and the public, thereby stimulating market vitality [1]. Group 1: Market Optimization and Fair Competition - Jimo District will implement a fair competition review system to ensure that policies do not exclude or restrict competition [3]. - The district will strictly enforce a negative list for market access and promote standardized market entry and exit processes, along with the reform of business entity registration and the promotion of electronic business licenses [3]. - Government procurement and bidding processes will be standardized, with plans to sign contracts with over 10 cities within the province and more than 5 cities outside the province this year [3]. Group 2: Service Convenience Enhancement - The district will continue to promote the "Efficient Completion of One Thing" reform and introduce more services tailored to Jimo's characteristics [3]. - A "1530" government service circle will be established, ensuring that services are accessible within 15 minutes in urban areas and 30 minutes in rural areas [3]. - Improvements will be made in service quality for tax, engineering projects, and environmental assessment approvals, along with a closed-loop mechanism for addressing enterprise-related complaints [3]. Group 3: Resource Assurance - Jimo District will optimize land supply by continuing the "standard land" transfer for industrial use [5]. - A "Financial+" enterprise financing support system will be established, including direct connections between banks and enterprises for precise financing support [5]. - Efforts will be made to enhance talent recruitment and establish a "15-minute employment service circle" [5]. Group 4: Legal Environment Improvement - The district will conduct special actions to standardize law enforcement related to enterprises and reduce redundant inspections [5]. - A diversified dispute resolution mechanism for commercial disputes will be established, along with improvements in bankruptcy processing and intellectual property services [5]. Group 5: Investment Attraction and Quality Enterprise Cultivation - Jimo District will focus on building an "10+1" innovative industrial system and a "4+4+2" modern marine system, targeting specific industries for breakthroughs [5]. - Continuous cultivation of quality enterprises will be promoted, along with the transformation of scientific and technological achievements and the growth of cross-border e-commerce [5]. - Support will be provided for the healthy development of a new generation of private entrepreneurs to help enterprises grow stronger [5].
★反不正当竞争法、民用航空法等法律草案提请审议 综合整治"内卷式"竞争 促进低空经济发展
Shang Hai Zheng Quan Bao· 2025-07-03 01:55
Group 1 - The National People's Congress Standing Committee is set to review the revised Anti-Unfair Competition Law, focusing on addressing "involution" competition and enhancing fair competition review systems [1][2] - The revised law aims to clarify the obligations of platform operators in handling unfair competition behaviors among platform users, including the misuse of trademarks and misleading search keywords [1] - The law will also define the criteria for behaviors such as data rights infringement and malicious trading, while addressing issues related to large enterprises delaying payments to small and medium-sized enterprises [1] Group 2 - The draft revision of the Civil Aviation Law will also be reviewed, with a focus on promoting the development of the civil aviation industry, particularly in manufacturing and low-altitude economy [2] - New provisions will be added to support the establishment of an innovation system in civil aviation manufacturing, emphasizing the importance of key technology research and development [2] - The law will enhance passenger rights protection by including specific terms related to ticket sales, refunds, and flight delays, ensuring better arrangements for passengers during disruptions [2]
反不正当竞争法修订:治理平台“内卷式”竞争 整治大企业滥用自身优势地位
Jing Ji Guan Cha Bao· 2025-06-29 06:02
Core Points - The newly revised Anti-Unfair Competition Law will take effect on October 15, 2025, focusing on addressing "involution" competition and the abuse of dominant positions by large enterprises [1][2] - The law establishes a fair competition review system to ensure equal access to production factors and fair market participation for all operators [1] - Large enterprises are prohibited from using their advantages to impose unreasonable payment terms on small and medium-sized enterprises (SMEs) and are subject to penalties for violations [2] Group 1: Legislative Changes - The revised law includes provisions that prevent platform operators from forcing or indirectly forcing other operators to sell products below cost, disrupting market competition [2] - It also prohibits the use of data, algorithms, and platform rules to hinder the normal operation of other operators' products or services [2] - The law raises the level of administrative penalties to be enforced by provincial-level government supervision departments [1] Group 2: Enforcement and Compliance - Violations of the law can result in fines ranging from 1 million to 5 million yuan, depending on the severity of the offense [2] - The State Administration for Market Regulation has published a list of companies engaged in severe "involution" competition, highlighting the enforcement of the new regulations [2] - The law aims to curb practices that lead to a "low-price, low-quality" cycle in industries, encouraging a shift towards service upgrades [3]
反不正当竞争法完成修订 维护市场公平竞争秩序
Shang Hai Zheng Quan Bao· 2025-06-27 19:59
Core Points - The newly revised Anti-Unfair Competition Law will take effect on October 15, 2025, showcasing innovative highlights to adapt to the challenges of the digital age and enhance market fairness [1] - The law introduces a fair competition review system requiring the government to assess the impact of policies on competition, aiming to prevent administrative monopolies and create a transparent environment for businesses [1] - The law focuses on addressing unreasonable trading behaviors of large enterprises, particularly concerning their payment practices towards small and medium-sized enterprises (SMEs), ensuring timely payments to alleviate financial pressures on SMEs [1] - The revision addresses the rapid development of internet technology and business models, refining regulations to tackle new forms of unfair competition in the online sector [1][2] Industry Implications - The law categorizes new types of unfair competition, including traditional behaviors using others' trademarks and new data-related competitive behaviors emerging in the digital environment [2] - It specifies that platform operators have the obligation to intervene and stop internal unfair practices, which helps maintain a healthy platform ecosystem and curb vicious cycles [2] - The law clarifies standards for confusion-related behaviors, such as using others' trademarks as business names or search keywords, reducing legal ambiguities and lowering the cost of rights protection for enterprises [2] - The revised law aims to maintain a fair competitive order in the market, contributing to a more equitable and efficient business environment that stimulates innovation [2]
反不正当竞争法完成修订,大型企业等经营者不得拖欠中小企业账款
Xin Jing Bao· 2025-06-27 10:46
Core Points - The newly revised Anti-Unfair Competition Law will take effect on October 15, 2025, prohibiting large enterprises from delaying payments to small and medium-sized enterprises (SMEs) for goods, projects, and services [1] - The law aims to enhance the regulatory framework for unfair competition, strengthen enforcement, and maintain market order [1] Summary by Sections General Principles - The law includes five chapters: general principles, unfair competition behaviors, investigations of suspected unfair competition, legal responsibilities, and supplementary provisions [1] - It emphasizes the establishment of a unified, open, competitive, and orderly market system [1] Unfair Competition Behaviors - Large enterprises are prohibited from abusing their advantages to disrupt fair competition, including imposing unreasonable payment terms on SMEs [2] - The law addresses malicious trading and data rights violations, stating that operators cannot use fraudulent or coercive methods to obtain or use data from other operators [2] False Advertising Regulations - The law includes provisions against false advertising, requiring operators to avoid misleading claims about their products [3] - Suggestions were made to further clarify the definition of unfair competition in the digital environment, particularly regarding AI-generated content [3] Platform Competition Regulations - There is a focus on regulating platform operators' unfair competition behaviors, including the prohibition of forced low pricing and other unreasonable pricing practices [7][8] - The law aims to address issues like "malicious returns" and the misuse of platform rules that harm other operators [7] Enforcement and Penalties - The law seeks to refine the discretionary power of enforcement agencies to ensure fair and consistent application of penalties for violations [3][4] - Recommendations were made to establish joint liability for those who knowingly assist in unfair competition practices [4] Importance of the Law - The revised law is seen as crucial for promoting fair competition and protecting the rights of both operators and consumers [6][4]
反不正当竞争法修订完成!完善治理平台“内卷式”竞争规定
Nan Fang Du Shi Bao· 2025-06-27 09:10
Core Viewpoint - The newly revised Anti-Unfair Competition Law will take effect on October 15, 2025, aiming to enhance market competition order and establish a unified, open, competitive, and orderly market system [1]. Summary by Sections General Principles - The law includes five chapters: general principles, unfair competition behaviors, investigation of suspected unfair competition behaviors, legal responsibilities, and supplementary provisions [1]. Unfair Competition Behaviors - The law emphasizes the need to address "involution-style" competition and introduces regulations for fair competition review systems [1][2]. - It clarifies the obligations of platform operators to manage unfair competition behaviors among their internal operators [3]. Investigation and Legal Responsibilities - The law specifies the criteria for behaviors that constitute confusion-related unfair competition, such as using others' trademarks as business names or setting others' product names as search keywords [3]. - It defines the elements constituting unfair competition behaviors like infringement of data rights and malicious trading [4]. Administrative Enforcement - The law aims to tackle issues related to large enterprises abusing their relative advantages to delay payments to small and medium-sized enterprises, and it increases the administrative penalty authority's level [5]. Focus on Platform Competition - Discussions during the legislative process highlighted the need for stricter regulations on platform unfair competition behaviors, with suggestions for detailed provisions to facilitate enforcement [6]. - Specific provisions addressing "forced pricing below cost" and "large enterprises abusing their dominant position" were noted as responsive to recent developments in internet technology and business models [6]. Digital Environment Concerns - There are calls to further specify unfair competition behaviors in the digital environment, particularly regarding the misalignment of responsibilities between AI-generated technologies and e-commerce platforms [6]. - A proposal was made to introduce penalties for "aiding behaviors," where individuals or entities knowingly support others in engaging in unfair competition practices [7].
每经热评︱反不正当竞争法修订剑指“内卷” 制度护航筑牢市场公平底线
Mei Ri Jing Ji Xin Wen· 2025-06-25 08:39
Group 1 - The revised draft incorporates a fair competition review system into the legal framework, targeting "involution" competition in the market [2][3] - "Involution" competition refers to excessive internal competition among businesses for limited resources, leading to inefficiencies and a lack of innovation [2] - The introduction of the fair competition review system aims to reduce institutional transaction costs and create a more equitable competitive environment for small and medium-sized enterprises (SMEs) [2][4] Group 2 - The revision emphasizes the responsibilities of platform operators in addressing unfair competition behaviors within their platforms, aligning with the trends of digital economy development [3] - Platforms are required to establish fair competition rules and take proactive measures to curb unfair competition, thereby protecting the rights of SMEs [3][4] - The draft clarifies the criteria for identifying new forms of unfair competition, such as trademark confusion and keyword hijacking, providing legal clarity for enforcement agencies [3][4] Group 3 - Overall, the series of revisions responds to market concerns and aligns with economic development needs, aiming to create a fair, orderly, and efficient market competition environment [4]
重要信号!禁止拖欠账款将再入法
21世纪经济报道· 2025-06-25 08:26
Core Viewpoint - The revised draft of the Anti-Unfair Competition Law aims to establish a fair competition review system and prevent large enterprises from abusing their dominant positions, particularly regarding payment delays to small and medium-sized enterprises (SMEs) [1][4][11]. Group 1: Fair Competition Review System - The draft emphasizes the establishment of a fair competition review system to ensure all operators can equally use production factors and participate in market competition [1][7]. - The draft reflects the central government's spirit of comprehensively addressing "involution" competition, enhancing regulations related to fair competition [1][7][11]. - The fair competition review system has been formally established since June 1, 2016, with over one million policy measures reviewed nationwide [8]. Group 2: Payment Obligations to SMEs - The draft explicitly prohibits large enterprises from delaying payments to SMEs, reinforcing the need for timely payments within 60 days of delivery [2][12]. - Recent commitments from major automotive companies to limit payment terms to suppliers to no more than 60 days highlight the industry's response to the issue of payment delays [3][12]. - Experts indicate that the root cause of payment delays stems from the unequal market position of large enterprises, which often leads to extended payment terms and adverse effects on SMEs [4][5]. Group 3: Addressing Involution in Industries - The automotive industry has been particularly affected by "involution" competition, where companies delay payments to suppliers to transfer cost pressures, harming the survival of SMEs [3][4]. - The draft aims to create a healthier competitive environment by preventing large enterprises from using their advantages to impose unreasonable payment conditions on SMEs [4][9]. Group 4: Legislative Enhancements - The revised regulations enhance the responsibilities of large enterprises and government agencies in ensuring timely payments to SMEs, contributing to a more stable business environment [12][13]. - The introduction of the Private Economy Promotion Law and the revised Anti-Monopoly Law further strengthens the legal framework for fair competition and timely payments [12][13].