2025年，徐州市场监管部门以"服务民生、护航消费"为宗旨，聚焦消费领域人民群众反映强烈、社会危 害性突出的问题，坚持以"打假、处劣、治虚、惩偷"为重点，严厉打击掺杂掺假、以假充真、以次充 好、以不合格冒充合格产品、偷工减料、缺斤短两、非法改装、商标侵权、虚假广告、"霸王条款""幽 灵外卖"等违法行为。现公布2025年第六批铁拳行动典型案例。 案例一 徐州市市场监管局查处徐州某口腔医院有限公司虚假宣传案 2025年5月22日，徐州市市场监管局根据市卫健委移交线索，对徐州某口腔医院有限公司开展执法检 查。经查，当事人在经营场所内悬挂含医生姓名、学历等资历内容的宣传图片，其中3名医生并非该医 院坐诊医生，5名医生学历文凭与实际情况不符。 当事人将未在其医院坐诊的医生资历信息图片，及含有不实学历的医生资历信息图片悬挂在其诊疗场所 内进行宣传的行为，违反了《中华人民共和国反不正当竞争法》第八条第一款的规定。徐州市市场监管 局依据《中华人民共和国反不正当竞争法》第二十条的规定，责令当事人停止违法行为，作出罚款 30000元的行政处罚。案后，经执法人员现场复查，当事人已改正违法行为。 案例二 睢宁县市场监管局查处陈某销售 ...

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]

Group 1 - The core argument is that user nicknames, avatars, and friend relationships on online platforms are considered personal information, and users have the right to use this information across different platforms without restrictions from the original platform [2][4][6] - Personal information is defined under various laws in China, including the Cybersecurity Law, Civil Code, and Personal Information Protection Law, which collectively outline that personal information includes any data that can identify an individual [3][4] - The distinction between personal information and the electronic data that stores this information is crucial, as personal information belongs to the user, while the platform has rights over the electronic data that contains this information [5][6] Group 2 - When a user wants to use their personal information from one platform on another, they can do so either by directly setting the same information on the new platform or by requesting the original platform to transfer the data, which requires permissions from both the user and the original platform [6][7] - If platform B obtains user information from platform A, it must secure permissions from both the user and platform A to use that information, ensuring compliance with the Personal Information Protection Law [8][10] - The analysis of competition law indicates that platform B's use of user information from platform A, if done with user consent, does not constitute unfair competition, as it does not harm user interests [11][12] Group 3 - The concept of data portability is emphasized, allowing users to request the transfer of their personal information from one platform to another, which is crucial for enhancing user experience and competition among platforms [14][15] - There is a need for regulatory measures to protect data portability rights, especially for smaller platforms against larger ones, ensuring fair competition and user rights [15][16] - The revised Anti-Unfair Competition Law includes provisions to prevent unfair practices in data usage, reinforcing the importance of user consent and the lawful transfer of personal information [13][12]

Core Points - The newly revised Anti-Unfair Competition Law will take effect from October 15, aiming to enhance market competition rules and optimize the business environment [1][3] - The law targets "involution-style" competition, particularly in the platform economy, to promote healthy market practices and prevent low-quality competition [2][4] - The law emphasizes the protection of small and medium-sized enterprises (SMEs) from unfair practices by larger companies, ensuring fair competition opportunities [4][5] Group 1 - The revised law establishes a fair competition review system to ensure all market participants can compete fairly [2][3] - It prohibits platform operators from forcing internal operators to sell below cost, addressing the issue of "involution-style" competition [2][4] - The law aims to break down industry barriers and market entry restrictions, fostering a more vibrant market environment [3][5] Group 2 - The law provides specific protections for SMEs against the abuse of power by larger enterprises, ensuring reasonable payment terms and conditions [4][5] - It aims to create a comprehensive legal framework for fair competition, enhancing resource allocation and promoting innovation [5] - The law addresses challenges in regulating unfair competition in the digital market, including data misuse and malicious transactions [6][7]

Core Viewpoint - The National Market Supervision Administration is intensifying efforts to combat false advertising in private domain live streaming, particularly targeting misleading promotions of drugs and health products aimed at the elderly [1][2][3]. Group 1: Regulatory Actions - A total of 30 cases of false advertising in private domain live streaming have been filed, with 6 cases involving platforms and 24 involving merchants, resulting in penalties totaling 2.93 million yuan and proposed penalties of approximately 6.63 million yuan [1][3]. - The market supervision system has collected 7,415 problem leads from the public and businesses, leading to the investigation of 4,516 illegal cases with fines totaling 68.77 million yuan [2][3]. - Since July, platforms have banned 5,904 illegal videos and 11,000 live streams, with 1,877 stores facing live streaming bans [4]. Group 2: Targeted Demographics - Unscrupulous merchants are using tactics like "free health lectures" and "expert consultations" to lure elderly consumers into private domain live streams for false marketing [2][3]. - The focus of the crackdown includes false advertising and price fraud related to elderly drugs and health products, which are seen as violations of the rights of elderly consumers [2][3]. Group 3: Challenges in Enforcement - The private domain live streaming model presents challenges for regulatory enforcement due to its closed and hidden nature, making it difficult to collect evidence and trace the supply chain [7][8]. - Merchants often destroy evidence and evade responsibility through tactics like "closing after the broadcast" and blocking information [7]. Group 4: Technological Support - Technological advancements are aiding regulatory efforts, with initiatives like "You Shoot, I Check" for collecting leads and the use of AI for monitoring illegal activities [8]. - The introduction of third-party monitoring and big data analysis is enhancing the ability to detect and address violations in private domain live streaming [8]. Group 5: Legal Framework - The newly revised Anti-Unfair Competition Law, effective October 15, strengthens regulations against false advertising and clarifies the responsibilities of platform enterprises [9][10]. - The law aims to promote fair competition and address current market challenges, providing a solid legal foundation for combating false advertising [9][10].

Core Points - The new Anti-Unfair Competition Law focuses on regulating the digital economy, addressing issues such as search engine bidding, fake reviews, and counterfeit accounts, which are closely related to consumer rights protection [1][3][8] Search Engine Bidding Regulation - The law introduces regulations against using others' product names or trademarks as search keywords, which can mislead consumers and create confusion [2][3] - Violators may face penalties including cessation of illegal activities, confiscation of illegal goods, fines, or revocation of business licenses [3] Fake Reviews Industry - The law targets the practice of generating fake reviews, which mislead consumers and distort market competition [4][6] - Businesses involved in organizing fake transactions or reviews will face strict penalties, promoting fair competition and protecting consumer rights [6][8] Counterfeit Accounts in Social Media - The law prohibits the unauthorized use of influential new media account names or logos, which can mislead the public [7][8] - This regulation aims to protect the intellectual property and market value of original content creators, fostering a healthier competitive environment in the digital space [8]

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 Implementation - The revised Anti-Unfair Competition Law officially took effect on October 15, marking a significant step in regulating "involution" competition [1] - Since the beginning of the year, China has introduced multiple policies targeting "involution" [2] - The 20th Central Financial Committee emphasized the need to rectify low-price and disorderly competition, particularly in industries like solar energy and automotive [3] Group 2: Industry Impact - The "involution" competition has disrupted market order, leading to reduced product quality and stifled innovation, ultimately affecting industry growth [3][4] - The new law includes provisions for data rights protection and prohibits platforms from forcing merchants to sell below cost, aiming to restore fair competition [5] - As a result of ongoing "anti-involution" measures, industrial profits showed a significant recovery, with a 20.4% increase in August compared to a 1.5% decline in July [6] Group 3: Future Outlook - The "anti-involution" measures are expected to lead to a more stable market environment, with industries like automotive moving towards reduced price wars and more balanced promotions [6] - The restructuring of competition in the photovoltaic sector is anticipated, with significant reductions in capital expenditures and production among leading companies [6] - The enforcement of the new law requires collaboration among administrative, judicial, and industry organizations to create a comprehensive governance system [7]

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]

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]

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]