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反不正当竞争法修订完成!完善治理平台“内卷式”竞争规定
Nan Fang Du Shi Bao· 2025-06-27 09:10
Core Viewpoint - The newly revised Anti-Unfair Competition Law will take effect on October 15, 2025, aiming to enhance market competition order and establish a unified, open, competitive, and orderly market system [1]. Summary by Sections General Principles - The law includes five chapters: general principles, unfair competition behaviors, investigation of suspected unfair competition behaviors, legal responsibilities, and supplementary provisions [1]. Unfair Competition Behaviors - The law emphasizes the need to address "involution-style" competition and introduces regulations for fair competition review systems [1][2]. - It clarifies the obligations of platform operators to manage unfair competition behaviors among their internal operators [3]. Investigation and Legal Responsibilities - The law specifies the criteria for behaviors that constitute confusion-related unfair competition, such as using others' trademarks as business names or setting others' product names as search keywords [3]. - It defines the elements constituting unfair competition behaviors like infringement of data rights and malicious trading [4]. Administrative Enforcement - The law aims to tackle issues related to large enterprises abusing their relative advantages to delay payments to small and medium-sized enterprises, and it increases the administrative penalty authority's level [5]. Focus on Platform Competition - Discussions during the legislative process highlighted the need for stricter regulations on platform unfair competition behaviors, with suggestions for detailed provisions to facilitate enforcement [6]. - Specific provisions addressing "forced pricing below cost" and "large enterprises abusing their dominant position" were noted as responsive to recent developments in internet technology and business models [6]. Digital Environment Concerns - There are calls to further specify unfair competition behaviors in the digital environment, particularly regarding the misalignment of responsibilities between AI-generated technologies and e-commerce platforms [6]. - A proposal was made to introduce penalties for "aiding behaviors," where individuals or entities knowingly support others in engaging in unfair competition practices [7].
反不正当竞争法迎来升级,平台“内卷”乱象将被整顿
news flash· 2025-06-24 01:33
Group 1 - The draft amendment to the Anti-Unfair Competition Law is set for a second review by the National People's Congress Standing Committee, focusing on clarifying the elements of data rights infringement and malicious trading as unfair competition behaviors [1][2] - The amendment aims to address "involution" competition among platforms, enhancing regulations on fair competition review systems and improving the coordination mechanism for anti-unfair competition work [1] - The responsibilities of market regulatory authorities in combating unfair competition will be clearly defined, along with the obligations of platform operators to address unfair competition behaviors among their internal operators [1] Group 2 - The amendment specifically targets the misuse of trademarks and the use of others' product names or company names as search keywords, further clarifying the standards for confusing unfair competition behaviors [1][2] - The draft also emphasizes resolving issues related to large enterprises abusing their relative advantages to delay payments to small and medium-sized enterprises, and it proposes increasing the administrative penalty authority [2]
反不正当竞争法修改:完善治理平台“内卷式”竞争规定
Nan Fang Du Shi Bao· 2025-06-23 06:28
Core Points - The revision draft of the Anti-Unfair Competition Law will be submitted for the second review at the upcoming National People's Congress Standing Committee meeting, focusing on fair competition review systems and addressing "involution" competition among platforms [1] - The draft includes several key modifications aimed at enhancing the regulatory framework for unfair competition, particularly concerning the responsibilities of market regulatory departments and the obligations of platform operators [1][2] Group 1 - The revision aims to implement the Central Committee's spirit on comprehensive rectification of "involution" competition by adding provisions for fair competition review systems [1] - The draft clarifies the responsibilities of market regulatory departments in combating unfair competition and enhances the coordination mechanism [1] - It specifies the obligations of platform operators to address unfair competition behaviors among their internal operators [1] Group 2 - The draft further clarifies the standards for identifying confusing types of unfair competition, such as using others' trademarks as business names or setting others' product names as search keywords [1] - It defines the elements constituting unfair competition behaviors, including infringement of data rights and malicious trading [1] - The revision emphasizes resolving issues related to large enterprises abusing their relative advantages to delay payments to small and medium-sized enterprises, increasing the level of administrative penalties [1]