公平竞争秩序
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以法治化手段 重塑公平市场秩序
Sou Hu Cai Jing· 2025-10-09 23:35
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, particularly false transactions and malicious returns that disrupt market order [1][2]. Group 1: Regulation of Digital Economy - The law addresses the rampant 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][2]. - The revision aims to establish a standard of integrity in digital competition, shifting the mindset of operators from data falsification and rule exploitation to a long-term approach based on genuine service quality [2][3]. Group 2: Price Competition and Market Integrity - 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-wide profit depletion and quality decline [3]. - By preventing capital forces from distorting market signals, the law encourages companies to compete through technological innovation and service enhancement, fostering a sustainable industry environment [3]. Group 3: Legislative Insight - The revision reflects a deep understanding of the competitive dynamics in the digital economy, tailoring solutions to new characteristics and issues rather than applying traditional regulatory frameworks [3]. - The legislative approach demonstrates a balance between accommodating market innovation and maintaining a firm commitment to fair competition, paving the way for a transparent, equitable, and innovation-driven digital economy [3].
涉及滥用行政权力等行为 最高法发反垄断典型案例
Zhong Guo Xin Wen Wang· 2025-09-10 07:58
Core Viewpoint - The Supreme People's Court of China released five typical antitrust cases during the Fair Competition Policy Promotion Week, highlighting the importance of judicial rulings in maintaining market fairness and protecting consumer interests [1][2]. Group 1: Antitrust Cases Overview - The five cases involve significant legal issues such as the abuse of administrative power to eliminate competition, price-fixing, market division, and monopolistic behaviors by industry associations, covering essential sectors like transportation, building materials, raw pharmaceuticals, and chemicals [1]. - The cases directly impact daily life, addressing concerns related to transportation costs, medication expenses, and housing costs, thereby reflecting the judiciary's commitment to safeguarding public interests and ensuring fair market competition [1]. Group 2: Legal Framework and Standards - The cases contribute to a refined regulatory framework, providing clear guidelines for identifying monopolistic behaviors, particularly in industry associations, and establishing boundaries for their operations [2]. - Specific rulings clarify the standards for recognizing horizontal monopoly agreements and the calculation of damages for victims, easing the burden of proof for plaintiffs in such disputes [2]. Group 3: Collaboration Between Judicial and Administrative Enforcement - The interaction between antitrust judicial rulings and administrative enforcement is emphasized, showcasing the judiciary's role in supervising and supporting administrative decisions to ensure legality and fairness in enforcement processes [2]. - Both judicial and administrative efforts aim to standardize market competition behaviors and promote the construction of a unified national market [2].
149家储能企业集体发声:抵制低价乱象
Jing Ji Guan Cha Bao· 2025-08-14 11:08
Core Viewpoint - The China Chemical and Physical Power Industry Association has issued a draft initiative aimed at maintaining fair competition and promoting healthy development in the energy storage industry, addressing issues of irrational low pricing [1] Group 1: Initiative Details - The initiative calls for companies to set reasonable prices based on operational costs and risks, discouraging irrational low pricing behaviors to prevent "bad money driving out good" [1] - It emphasizes the importance of integrity and transparency in bidding processes, prohibiting false commitments, below-cost competition, and breaches of contract [1] - The initiative advocates for core competitiveness based on technological solutions, service capabilities, and the overall lifecycle value of products [1] Group 2: Implementation and Support - A supervisory mechanism will be established to monitor behaviors that undermine fair competition, with potential actions including industry notifications, public warnings, or case analyses, and escalation to regulatory authorities if necessary [1] - A total of 149 companies have signed the initiative, including major players such as BYD, Eve Energy, Huawei Digital Energy, and others, covering the entire industry chain from battery manufacturers to system integrators and energy technology companies [1]
反对“内卷式”恶性竞争!中国汽车工业协会重要倡议点名:某车企大幅降价,引发“价格战”恐慌
第一财经· 2025-05-31 00:35
Core Viewpoint - The article emphasizes the importance of maintaining fair competition in the rapidly growing Chinese electric vehicle (EV) industry, highlighting the negative impact of price wars on profitability and overall industry health [1]. Group 1: Industry Overview - The sales proportion of new energy vehicles in China has exceeded 40%, indicating robust growth in the sector [1]. - The overall operation of the industry is showing a stable and positive trend, with continuous market vitality being released [1]. Group 2: Challenges Faced - The industry is experiencing a decline in profitability, primarily due to chaotic price wars, which are a significant factor in the decrease of industry efficiency [1]. - A recent price-cutting initiative by a car manufacturer has triggered a new wave of price wars, leading to concerns about further exacerbating unhealthy competition [1]. Group 3: Implications of Price Wars - Uncontrolled price wars are expected to further squeeze profit margins for companies, negatively affecting product quality and after-sales service [1]. - The ongoing competition not only hinders the healthy development of the industry but also poses risks to consumer rights and safety [1]. Group 4: Call to Action - The China Automobile Industry Association has proposed several initiatives to promote fair competition, including adherence to legal regulations, avoiding monopolistic practices, and refraining from below-cost pricing [1]. - Companies are encouraged to conduct self-inspections and rectifications in accordance with national laws and regulations [1].
李志起:回应痛点比堆砌政策更有效
Xin Jing Bao· 2025-03-25 13:31
Core Viewpoint - The article emphasizes that addressing the specific pain points of businesses is more effective than merely piling up policies, highlighting the importance of institutional innovation in optimizing the business environment in Beijing [1] Group 1: Policy Initiatives - The 2025 Work Guidelines propose 15 specific measures aimed at creating a vibrant market environment for business entities, transforming macro policy declarations into micro institutional breakthroughs [1] - The guidelines address market entry barriers, introducing measures to facilitate access in emerging sectors such as life sciences and artificial intelligence, and promoting a "non-prohibited, just enter" principle [2] - New standards for registration services for partnerships and individual businesses have been established to streamline the registration process, alleviating the burden on small and micro enterprises [2] Group 2: Fair Competition - The guidelines focus on maintaining fair competition through legislative initiatives, regulatory reforms, and case deterrence, including the promotion of a law to enhance market fairness [3] - A competitive review guideline has been introduced to prevent discriminatory policies in government procurement and bidding processes [3] - A mechanism for reporting typical cases of unfair competition has been proposed to create a deterrent effect against such practices [3] Group 3: Resource Allocation and Service Improvement - Beijing has implemented a series of policies to enhance the supply of key resources such as land, finance, and talent, including flexible land transfer mechanisms for long-cycle industries [4] - Financial services for technology companies are being prioritized, with a focus on increasing the growth rate of loans to these firms [4] - New service mechanisms have been introduced, including a regular release of application scenarios for key industries and a "zero-material" processing initiative in economic and technological development zones [5]