反不正当竞争法

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法治聚焦丨网络平台经营者应明示平台内公平竞争规则
Ren Min Ri Bao· 2025-10-09 02:36
人民日报记者 倪弋 十四届全国人大常委会第十六次会议表决通过新修订的《中华人民共和国反不正当竞争法》,自10 月15日起施行。 "公平竞争是市场经济的基础原则。新修订的反不正当竞争法立足数字经济时代市场竞争的新特 点、新挑战,对虚假交易、数据权益保护、平台责任等焦点问题作出回应,为进一步规范市场秩序和夯 实公平竞争法治根基,促进高质量发展提供更坚实的法治保障。"中国商业法研究会副会长、武汉大学 法学院教授孙晋说。 制图:汪哲平 浙江丽水市云和县警方破获的一起"网络水军"刷单案中,犯罪团伙通过开发刷单软件,为5000余家 电商提供虚假交易服务,涉案金额超3000万元。网络刷单炒信、虚假评价、恶意退货等行为频发,破坏 市场秩序。广告屏蔽、流量劫持、数据杀熟等新型网络不正当竞争行为花样翻新,损害广大经营者、消 费者的合法权益。 全国人大常委会法制工作委员会民法室主任石宏介绍,新修订的反不正当竞争法完善了关于网络不 正当竞争行为的规定,对实践中恶意交易的多种表现形式进一步细化,如规定经营者不得滥用平台规 则,直接或者指使他人对其他经营者实施虚假交易、虚假评价或者恶意退货等行为,损害其他经营者的 合法权益,扰乱市场竞争 ...
10月起,这些新规将影响你我生活!
Zhong Guo Ji Jin Bao· 2025-09-29 02:17
Group 1 - The newly revised Anti-Unfair Competition Law of the People's Republic of China will take effect on October 15, 2025, focusing on preventing "involution" type of malicious competition in the digital economy, such as forced low pricing and data infringement [1] - The law explicitly prohibits unauthorized use of others' new media accounts, application names, or icons, and regulates the abuse of search keywords [1] - The law emphasizes the importance of preemptive measures and fair competition values [1] Group 2 - From October 1, 2023, the railway passenger transport sector will fully implement electronic invoices, eliminating paper reimbursement vouchers for travelers [2] - The transition to electronic invoices aims to enhance convenience for travelers, including those from older demographics and those without internet access [2] Group 3 - The State Administration for Market Regulation has introduced the "Implementation Measures for Mandatory Company Deregistration," effective from October 10, 2023, which outlines a batch announcement process for companies facing mandatory deregistration [3] - The measures include a 90-day announcement period and stipulate that objections to the deregistration process will halt the procedure [3] - The measures also allow for the resumption of deregistration procedures if a company fails to apply for deregistration within three years after being restored [3] Group 4 - The National Medical Products Administration has released the "Quality Management Specifications for Online Sales of Medical Devices," effective from October 1, 2025, which provides guidelines for managing online sales of medical devices [4] - The specifications require online medical device sellers to display business and product information and strengthen quality management systems [4] Group 5 - The Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs have jointly issued the "Management Measures for the Protection of Permanent Basic Farmland Red Lines," effective from October 1, 2023, which clarifies regulations regarding the designation of permanent basic farmland reserve areas [6] - The measures prioritize the inclusion of newly added arable land and high-standard farmland into the reserve areas [6]
对话王先林:“内卷式”竞争本质是低效消耗战,破坏行业生态
Nan Fang Du Shi Bao· 2025-07-31 14:02
Core Viewpoint - The article discusses the rise of "involutionary competition" in various industries, particularly in the platform economy, and the regulatory response to mitigate its negative effects through new laws and regulations [1][4][19]. Summary by Sections Involutionary Competition and Price Wars - Involutionary competition is characterized by low-price strategies leading to a race to the bottom, resulting in decreased profit margins and industry stagnation [5][6]. - Price wars, while appearing beneficial in the short term, can create long-term risks and harm the industry ecosystem, as seen in recent high-subsidy practices by food delivery platforms [4][8]. Market Dynamics and Strategic Considerations - Companies engage in price wars as a strategic choice to gain market share, often sacrificing profits for survival in a highly competitive environment [6][7]. - The phenomenon is exacerbated by market homogeneity and the pressure to maintain short-term profits, leading to a "prisoner's dilemma" where individual rational choices result in collective irrational outcomes [7][8]. Legal Framework and Regulatory Changes - New amendments to the Anti-Unfair Competition Law and the Price Law aim to curb malicious price competition and promote a shift from price wars to value competition [10][11]. - The revised laws introduce stricter regulations against below-cost pricing and coercive practices by platforms, aiming to protect smaller businesses and ensure fair competition [12][13]. Challenges in Implementation - Identifying below-cost pricing poses challenges due to hidden and dynamic costs in the platform economy, necessitating more precise regulatory measures [14]. - A multi-faceted governance system is required to ensure the effective implementation of these new regulations, combining legal frameworks, industry self-regulation, and technological support [15][16]. Future Directions for Competition - The transition from price competition to value competition is essential for sustainable industry growth, requiring collaboration among government, industry, and enterprises [17][19]. - It is crucial to distinguish between legitimate competition driven by innovation and harmful involutionary practices, ensuring that regulatory measures do not stifle healthy market dynamics [18][19].
一财社论:用良法架起市场善治之桥
Di Yi Cai Jing· 2025-06-30 13:36
Core Points - The revised Anti-Unfair Competition Law aims to provide a legal framework for addressing unfair competition behaviors, enhancing market fairness and order [1][5] - The number of articles in the law has increased from 33 to 41, incorporating new issues such as "involution competition," data misuse, and malicious transactions [1][2] - The law emphasizes clarity and certainty in its provisions, which is expected to lower transaction costs and improve market competition [1][2] Summary by Sections Legislative Changes - The revised law includes new regulations on emerging unfair competition behaviors, reflecting the legislative body's responsiveness to economic and social changes [1][2] - It introduces specific provisions to address data rights violations, which are increasingly prevalent due to technological advancements [2][3] Market Impact - The law prohibits platform operators from forcing sellers to adhere to pricing rules that undermine their profitability, aiming to restore fair competition [3] - It seeks to create a competitive environment that prioritizes quality and service innovation over price manipulation [3] Implementation and Governance - Effective implementation of the law requires a supportive governance framework and clear enforcement mechanisms to ensure compliance and reduce moral hazards [4][5] - The law's success depends on enhancing stakeholders' ability to protect their rights and fostering a self-regulating market environment [5]
Meta否认用相册图训练AI|南财合规周报(第196期)
2 1 Shi Ji Jing Ji Bao Dao· 2025-06-30 02:06
Group 1: AI and Copyright Developments - Meta has stated that it does not currently use unpublished user photos to train its AI models, despite previous reports suggesting otherwise [2][3] - Recent U.S. court rulings have determined that using published works to train AI models can fall under "fair use," with two cases involving Anthropic and Meta providing legal clarity [4][5] - The rulings indicate that while AI companies may have some leeway, the methods of data collection must still be scrutinized to avoid infringement [4] Group 2: Regulatory Changes - The revised Anti-Unfair Competition Law in China will take effect on October 15, 2025, aiming to curb "involution" in competition and establish fair competition review systems [5][6] - The new law prohibits large enterprises from abusing their dominant positions to delay payments to small and medium-sized enterprises [6] - The law also restricts platform operators from forcing other businesses to comply with pricing rules that disrupt market order [6] Group 3: Personal Information Protection - The National Cybersecurity Center reported that 45 mobile applications were found to be illegally collecting and using personal information without user consent [7] - In Shanghai, authorities are actively addressing the misuse of AI technologies, particularly focusing on the protection of personal information rights [8] - Ongoing enforcement actions aim to combat AI misuse, including the generation of inappropriate content and violations of personal data rights [8]
十四届全国人大常委会第十六次会议在京闭幕 表决通过新修订的反不正当竞争法等
news flash· 2025-06-27 07:04
Core Points - The 16th meeting of the 14th National People's Congress Standing Committee concluded in Beijing, where new amendments to the Law on Administrative Penalties and the Anti-Unfair Competition Law were passed [1] - President Xi Jinping signed orders No. 49 and No. 50 to promulgate the new laws [1] - The meeting also approved the resolution on the 2024 central budget and removed Miao Hua from the position of member of the Central Military Commission [1]
反不正当竞争法完成修订
券商中国· 2025-06-27 02:09
Group 1 - The newly revised Anti-Unfair Competition Law was passed by the 16th meeting of the 14th National People's Congress Standing Committee on June 27, 2023, and will take effect on October 15, 2025 [1] - The revised law includes five chapters: General Principles, Unfair Competition Behaviors, Investigation of Suspected Unfair Competition Behaviors, Legal Responsibilities, and Supplementary Provisions [1] - The law aims to improve the rules and systems for combating unfair competition, strengthen enforcement and judicial measures, maintain market competition order, and establish a unified, open, competitive, and orderly market system [1] Group 2 - A significant surge was reported in a specific sector in Shenzhen, indicating a potential "radiation effect" that is developing [2] - A major announcement from the United States has led to a collective rise across the board, suggesting a strong market reaction [2] - The central government has clarified the standards for identifying violations related to public officials' improper dining and entertainment [2]
反不正当竞争法完成修订
news flash· 2025-06-27 01:06
Group 1 - The core viewpoint of the article is the revision of the Anti-Unfair Competition Law, which was passed by the 16th meeting of the Standing Committee of the 14th National People's Congress on June 27, 2023, and will take effect on October 15, 2025 [1] - The revised law includes five chapters: general principles, unfair competition behaviors, investigation of suspected unfair competition behaviors, legal responsibilities, and supplementary provisions [1] - The law aims to improve the regulatory framework for unfair competition, strengthen enforcement and judicial measures, maintain market competition order, and establish a unified, open, competitive, and orderly market system [1]