平台‘内卷式’竞争

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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]
全国人大常委会:修改完善治理平台“内卷式”竞争方面的规定
news flash· 2025-06-23 03:36
Core Viewpoint - The National People's Congress Standing Committee is revising the Anti-Unfair Competition Law to address "involution" competition, enhancing regulations for fair competition and clarifying the responsibilities of market regulatory authorities [1] Group 1: Legislative Changes - The revised draft will incorporate provisions for a fair competition review system to combat "involution" competition [1] - Amendments will clarify the obligations of platform operators in addressing unfair competition behaviors among their users [1] - The draft will specify the criteria for identifying confusion-based unfair competition, such as using others' trademarks as business names or setting competitors' names as search keywords [1] Group 2: Focus on Data Rights and Small Enterprises - The revision will define the elements constituting unfair competition related to data rights infringement and malicious trading [1] - The draft aims to tackle issues where large enterprises abuse their dominant position to delay payments to small and medium-sized enterprises [1] - There will be an increase in the administrative penalty authority's level to enhance enforcement against unfair competition practices [1]