反不正当竞争法
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规则失范伤公平,多方调研探治理——平台规则制定权滥用与规制调研纪实
Jiang Nan Shi Bao· 2026-02-24 02:28
躬行法务前沿,广纳多元之音 在平台经济深度参与日常生活的今天,平台规则制定权的行使和规范,已成为影响公平竞争秩序与数字 经济高质量发展的关键议题。2025年《反不正当竞争法》修订,首次将不得"滥用平台规则"纳入规制范 围,新增第14条、第30条等条款。然而,条款的原则性规定能否在执法与司法中有效落地?平台规则制 定权运作现状与治理困境为何?平台内经营者与消费者在面对规则纠纷时,又该如何维权?这些问题, 成为南京师范大学法学院社会实践团队此次调研的核心关切。2026年1月至2月,团队围绕"平台规则制 定权滥用现状与法律治理"主题,深入开展寒假社会实践活动,试图从多元视角审视这一时代命题。 深研精析文献,筑牢学理基石 团队以"平台规则""反不正当竞争法"等为关键词,系统梳理39篇核心文献与建立了包含284份司法案例 的案例库,着重落实分析数十份经典案例。研究发现,当前我国竞争法立法共同体现出国家对于平台规 则进行管理控制的意图与动向,但学界对其法律属性仍存学说分歧。团队分别从法律适用、司法实践、 政府监管、失范现状系统明晰平台规则治理的现实困境,其中认定标准不一、举证困难等挑战凸显,为 后续实地调研提供了明确的问 ...
马市监处罚〔2026〕50号
Xin Lang Cai Jing· 2026-01-30 20:48
马市监处罚〔2026〕50号 浏览:2次 2026年01月27日 处罚种类 罚款 处罚依据 基本信息: 处罚机关 马鞍山市市场监督管理局 处罚日期 中华人民共和国反不正当竞争法 变更: 文本信息:该行政处罚决定未上传处罚文书。 ...
汉阴市监处罚〔2025〕37号
Xin Lang Cai Jing· 2025-12-22 15:14
处罚日期 2025年12月03日 处罚种类 汉阴市监处罚〔2025〕37号 浏览:2次 基本信息: 处罚机关 汉阴县市场监督管理局 《中华人民共和国反不正当竞争法(2019修正)》 / 第十八条 / 第一款 变更: 文本信息:该行政处罚决定未上传处罚文书。 罚款 处罚依据 ...
西长市监处罚〔2025〕499号
Xin Lang Cai Jing· 2025-12-22 15:13
西长市监处罚〔2025〕499号 浏览:2次 罚款 处罚依据 基本信息: 处罚机关 西安市长安区市场监督管理局 处罚日期 2025年12月03日 处罚种类 《中华人民共和国反不正当竞争法(2025修订)》 / 第二十四条 / 第一款 变更: 文本信息:该行政处罚决定未上传处罚文书。 ...
对私域直播虚假宣传违法行为立案30件 市场监管总局:已处罚没金额293万元
Mei Ri Jing Ji Xin Wen· 2025-10-16 14:45
Core Viewpoint - The National Market Supervision Administration is intensifying efforts to combat false advertising in private domain live streaming, particularly targeting fraudulent practices that exploit elderly consumers [1][2][3]. Group 1: Regulatory Actions - A total of 30 cases of false advertising in private domain live streaming have been filed, including 6 cases against platforms and 24 against merchants, resulting in penalties totaling 2.93 million yuan, with an additional 6.63 million yuan in proposed penalties [1][3]. - The regulatory system has launched a special campaign to address false advertising related to drugs and health products aimed at the elderly, leading to the collection of 7,415 problem leads and the investigation of 4,516 illegal cases, with penalties amounting to 68.77 million yuan [2][3]. Group 2: Legislative Changes - The newly revised Anti-Unfair Competition Law came into effect on October 15, aiming to enhance the regulation of false advertising and clarify the responsibilities of platform enterprises [4]. - The revision addresses current market conditions and competition issues, detailing types of unfair competition and establishing standards for recognition, including keywords search, data rights infringement, and platform responsibilities [4]. Group 3: Industry Guidelines - Businesses are urged to adhere to principles of voluntariness, equality, fairness, and integrity in their operations, while being reminded of the importance of compliance with laws and ethical standards [5]. - Platform operators are specifically advised to avoid exploiting technology to undermine competition and to ensure compliance with the revised Anti-Unfair Competition Law [5].
老年消费者被“围猎”?监管部门整治私域直播虚假宣传
Zhong Guo Xin Wen Wang· 2025-10-15 14:08
Core Viewpoint - The article discusses the regulatory efforts to combat false advertising in private domain live streaming, particularly targeting the elderly consumer group, highlighting the rise of deceptive marketing practices and the measures taken by market regulatory authorities to address these issues [1][2][3][4]. Group 1: Regulatory Actions - The market regulatory authority has collected 7,415 problem leads and has handled 4,516 illegal cases, resulting in fines totaling 68.7691 million yuan, with 3,611 entities ordered to rectify their practices [1]. - A total of 30 cases have been filed against illegal activities in private domain live streaming, including 6 cases against platforms and 24 against merchants, with penalties amounting to 2.93 million yuan and proposed penalties of approximately 6.63 million yuan [2]. Group 2: Identified Issues - Key issues in private domain live streaming include false advertising and exaggerated claims, where ordinary products are misrepresented as miraculous cures, often targeting elderly consumers with low-priced goods and free experiences [2]. - There is a prevalence of fake "expert" personas in live streams, misleading consumers through pseudo-scientific health courses and consultations, with many so-called experts lacking genuine qualifications [2]. - Some products sold in private domain live streams lack legitimate qualifications, with instances of counterfeit approval numbers and misleading health claims, such as promoting regular food as having medicinal properties [2]. Group 3: Consumer Protection Challenges - Consumers face difficulties in asserting their rights due to merchants' tactics like "closing the stream immediately," blocking information, and disbanding groups to destroy evidence, further complicating the recovery of funds [3]. - The regulatory authorities are enhancing their capabilities in electronic evidence collection, cross-regional collaboration, and comprehensive monitoring to tackle these challenges effectively [3]. Group 4: Legal Framework - The newly revised Anti-Unfair Competition Law, effective from October 15, strengthens regulations against false advertising and enhances the responsibilities of platform enterprises, providing a solid legal foundation for addressing these issues [4].
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
Core Viewpoint - The newly revised Anti-Unfair Competition Law of the People's Republic of China, effective from October 15, addresses the unique challenges of market competition in the digital economy, focusing on issues such as false transactions, data rights protection, and platform responsibilities, thereby providing a stronger legal foundation for fair competition and high-quality development [1][4]. Group 1: Legal Framework and Provisions - The revised law enhances regulations on online unfair competition behaviors, detailing various forms of malicious transactions and prohibiting operators from abusing platform rules to harm the legitimate rights of other operators [4][5]. - It mandates that platform operators clarify fair competition rules in service agreements and establish mechanisms for reporting and resolving unfair competition disputes [4][5]. - The law aims to establish a fair competition review system and strengthen the review process to ensure equal access to production factors for all operators [5]. Group 2: Industry Implications - The law addresses the rise of "involution" competition, which disrupts the market environment, and emphasizes the need for a systematic governance framework involving administrative, judicial, and corporate collaboration [5][6]. - It specifically prohibits platform operators from forcing or indirectly compelling operators to sell products below cost, which disrupts market order and harms merchants' interests [5][6]. - The law is expected to provide stronger legal protection for merchants' reasonable profit margins and legitimate rights, promoting a healthier business ecosystem [6].
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]