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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 02:20
2025年10月起施行 整治"内卷式"竞争行为 新修订的《中华人民共和国反不正当 竞争法》规定,平台经营者不得强制 或者变相强制平台内经营者按照其定 价规则,以低于成本的价格 销售商品,扰乱市场竞争秩序 制图:汪哲平 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。 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, ...
热搜榜不能“跑偏变味”
Xin Lang Cai Jing· 2025-09-26 03:25
关末 连日来,国家网信办指导地方网信办依据有关规定,对多家平台采取了约谈、警告、从严处理责任人等 处置处罚措施。虽情况各异,但不难看出一个共性问题,就是热搜榜的失焦跑偏。 平台靠公众的关注获得生存发展,那些哗众取宠、低俗恶俗、造谣传谣的内容,必然会给自身的内容生 态、品牌形象带来反噬。平台大则大矣,但"水能载舟,亦能覆舟",这话应铭记在心。 如果说网络空间是意见广场,那么热搜榜则像是广场中醒目的风向标。许多用户都以此作为浏览信息的 索引,并在潜意识中认为热搜榜展示的,就是值得关注的。可纵观某些平台的热搜榜,常年充斥着明星 网红的琐事八卦,未经核实的恶性案件,乃至涉及网络暴力、未成年人隐私的芜杂信息。各路营销号、 自媒体又攀附于此,每每将一些没头没尾的话题炒至霸屏。热搜榜的变味儿,着实令人唏嘘。 数字时代,网络平台是重要信息出口,头部平台更体现出愈发明显的媒体属性。但上述事实证明,很多 平台获得了巨大市场份额,却忘记了"能力越大责任越大",一味推崇流量至上的商业逻辑。一旦受到质 疑,平台便搬出算法说事。无论各种排行,还是定制推送,处处言必算法,却又说不清道不明。但将信 息的把关与筛选很大程度上交由算法与流量,结 ...
一财社论:整治“内卷式”竞争法治必须先行
Di Yi Cai Jing· 2025-06-23 13:27
Group 1 - The core viewpoint of the articles emphasizes the need for legislative reinforcement to combat "involutionary" competition, which is damaging the foundation of healthy market development [1][2][5] - The upcoming second review of the Anti-Unfair Competition Law draft aims to include regulations on "involutionary" competition, marking a significant step in legal governance [1][2] - The urgency of addressing "involutionary" competition is highlighted by its evident harms in various sectors, including solar energy, new energy vehicles, and online platforms [2] Group 2 - The responsibility of local and regulatory authorities must be strengthened to ensure that policies do not undermine fair competition and a unified market [3] - The Fair Competition Review System is being elevated from a regulation to a law, enhancing its binding force and execution rigidity, which will benefit the enforcement of responsibilities among local and regulatory bodies [3] - Companies are urged to shift their mindset from quantity and market share dominance to fair and orderly competition, avoiding practices like price dumping and excessive marketing tactics [4] Group 3 - Strict penalties are necessary to enhance the seriousness and enforceability of regulations against "involutionary" competition, with actions planned against malicious pricing, false advertising, and other market irregularities [5] - The National Development and Reform Commission and other departments are set to take legal actions against "involutionary" competition behaviors, including public notifications and revocation of tax exemptions [5] - The overall approach to combating "involutionary" competition will involve administrative penalties, civil compensation, and potentially criminal penalties as part of a comprehensive process [5]
Meta挑战欧盟对科技巨头征收的监管费用
news flash· 2025-06-12 01:00
Core Viewpoint - Meta Platforms has filed a lawsuit against the European Second High Court, challenging the regulatory fees imposed by the EU on tech giants, criticizing the calculation method as opaque, excessively high, and lacking fairness [1] Group 1: Regulatory Fees - Under the Digital Services Act (DSA) effective from 2022, 18 major online platforms, including Meta and TikTok, are required to pay a regulatory fee equivalent to 0.05% of their annual global net revenue to cover the EU Commission's regulatory costs [1] - The fee amount is calculated based on each company's monthly active user count and the financial performance from the previous accounting year [1] Group 2: Legal Proceedings - The European Second High Court is expected to make a ruling on the case next year [1]
从“内卷式”恶性竞争中跳出来
Nan Fang Du Shi Bao· 2025-05-20 17:22
Core Viewpoint - The Chinese government is addressing the issue of "involutionary" competition, which distorts market mechanisms and disrupts fair competition, particularly in the food delivery sector [2][3][4] Group 1: Government Response - The National Development and Reform Commission (NDRC) has highlighted the negative impacts of "involutionary" competition, including below-cost pricing and counterfeit products, which undermine market order [2] - The State Administration for Market Regulation (SAMR) has held discussions with major platforms like JD.com, Meituan, and Ele.me to ensure compliance with legal and fair competition practices [2][3] - The 2024 Central Economic Work Conference and the 2025 National People's Congress have emphasized the need for comprehensive measures to combat "involutionary" competition [2] Group 2: Industry Challenges - "Involutionary" competition is characterized by aggressive price cuts and subsidies that aim to eliminate competitors, leading to a deterioration of market conditions [3] - The phenomenon has been exacerbated by structural issues in various industries, including blind investment and failure to keep pace with technological advancements [3] - The prevalence of low-quality competition and illegal practices, such as counterfeiting, has increased, particularly in sectors undergoing transformation [4] Group 3: Market Implications - While consumers may benefit in the short term from price wars, the long-term consequences include potential price increases and compromised product quality [3] - The pressure on merchants' profits and the lack of protection for delivery personnel's rights have been significant issues arising from this competitive environment [3][4] - The need for legal regulation and enforcement is critical to restore healthy market order and encourage innovation among companies [4]
吉林、北京、上海、浙江联合签署网络市场协同监管备忘录,共促平台经济健康发展
news flash· 2025-05-07 07:18
Core Viewpoint - The recent signing of the "Network Market Collaborative Supervision Memorandum" by market regulatory departments from Jilin, Beijing, Shanghai, and Zhejiang aims to enhance regulatory cooperation and promote the healthy development of the platform economy [1] Group 1: Regulatory Collaboration - The memorandum emphasizes "co-construction, sharing, co-discussion, and co-consultation" to strengthen communication and cooperation among the regions [1] - It aims to improve regulatory efficiency by establishing a governance system, sharing information resources, and discussing collaborative efforts [1] Group 2: Focus on Innovation and Development - The initiative seeks to promote communication and coordination among platform enterprises in the four regions, facilitating the integration of high-quality platform resources from Beijing, Shanghai, and Zhejiang with Jilin's specialty industries [1] - It encourages the sharing of resources such as electronic evidence, identification, data analysis, and evidence collection equipment to combat false advertising and infringement issues [1]