Workflow
反不正当竞争法
icon
Search documents
剑指“内卷式”竞争,市场监管总局盘点十大制度“组合拳”
Xin Lang Cai Jing· 2026-01-09 08:21
Core Viewpoint - The State Administration for Market Regulation (SAMR) aims to address "involutionary" competition that disrupts market order and hinders high-quality development by introducing ten key institutional reforms by 2025, establishing a long-term governance mechanism covering all stages of market activity [1] Group 1: Institutional Reforms - The ten institutional reforms include improvements in laws and regulations, detailed rules, enhanced standards, and collaborative openness, forming a governance "combination punch" [2] - The revised Anti-Unfair Competition Law explicitly regulates typical "involution" behaviors such as forced "choose one" practices by platforms, abuse of rules for fake orders, and forcing merchants to sell below cost [2] - The implementation of the "Mandatory Company Deregistration System" facilitates the exit of dishonest enterprises from the market, optimizing the structure of market entities [2] Group 2: Quality and Innovation Focus - The reforms aim to shift market competition from "price wars" to "quality innovation," addressing issues like "subsidy wars" and low-quality online sales through specific guidelines [4] - The system integrates prevention, regulation, and exit mechanisms, creating a comprehensive governance framework that promotes a virtuous cycle of "quality for price" [4] - The approach includes differentiated strategies, imposing strict constraints in safety-critical areas while encouraging compliance in innovative sectors and enhancing standards in competitive industries [4] Group 3: Enforcement and Compliance - The revised Anti-Unfair Competition Law strengthens regulations against new forms of "involutionary" competition, including prohibiting false evaluations and malicious defamation by competitors [6] - It also prohibits large enterprises from abusing their dominant position to impose unreasonable payment terms on small and medium-sized enterprises, addressing their financial difficulties [7] - The "Mandatory Company Deregistration System" establishes a clear and efficient exit mechanism for non-viable businesses, ensuring that market resources are reallocated effectively [8][9]
完善价格治理机制,以法治方式推进统一大市场建设
Western Securities· 2025-08-26 11:22
Group 1: Background and Significance - The Price Law of the People's Republic of China, in effect since May 1, 1998, is undergoing its first revision in 27 years to adapt to new economic conditions and enhance government price regulation effectiveness[2] - The revision aims to address the need for legal frameworks to combat "involution" in competition and promote the construction of a unified market[1][9] Group 2: Key Focus Areas of the Revision - The draft amendment consists of 10 articles focusing on improving government pricing, clarifying the identification of unfair pricing behaviors, and establishing legal responsibilities for price violations[3][16] - The revision emphasizes the need for stronger leadership and clearer standards for identifying unfair competition, expanding the definition of unfair pricing behaviors from 8 to 10 items, including explicit provisions against data-driven price discrimination[3][18] Group 3: Legal Framework and Coordination - The Price Law, along with the Anti-Monopoly Law and the Anti-Unfair Competition Law, will work together to create a robust legal foundation against "involution" in competition, addressing issues like predatory pricing and maintaining fair competition[4][25] - The collaboration among these laws will enhance market regulation, ensuring that all market participants adhere to fair pricing practices and competition standards[26][28] Group 4: Future Policy Directions - The ongoing revision of the Price Law is expected to lead to continuous policy updates aimed at addressing "involution" in competition, which may become a key focus in the 14th Five-Year Plan[4][35] - Analysts suggest monitoring key sectors where the National Development and Reform Commission may conduct cost investigations to ensure compliance with the new pricing regulations[35]
每经热评︱反不正当竞争法再修订 以法治利剑斩断“内卷”枷锁
Mei Ri Jing Ji Xin Wen· 2025-07-01 11:41
Core Viewpoint - The newly revised Anti-Unfair Competition Law aims to address the issue of "involution" in competition, which has become a significant challenge in the current market environment [1] Group 1: Addressing Malicious Price Competition - The law targets the issue of low-price competition, which leads to thin or negative profit margins for businesses, making it unsustainable [2] - It highlights the phenomenon of "bad money driving out good," where lower-quality products can still be profitable at lower prices, harming consumers and legitimate businesses [2] - The new law prohibits misleading advertising and requires platforms to refrain from forcing merchants to sell below cost, thereby protecting the interests of small and medium-sized enterprises [2] Group 2: Regulating Dominant Market Players - The law addresses the abuse of market position by large "chain master" enterprises that dominate pricing and supply chains [3] - It prohibits these enterprises from imposing unreasonable payment terms and conditions on smaller businesses, ensuring fairer trading opportunities [3] Group 3: Combating Negative Competitive Practices - The law aims to eliminate practices where companies undermine each other through false information or smear campaigns, which disrupt market order [4] - It includes provisions to regulate non-market factors that interfere with competition, such as tailored subsidies for local businesses that disadvantage outsiders [4] Group 4: Strengthening Legal Enforcement - The revised law expands the scope of regulatory oversight and allows any individual or entity to report suspected unfair competition, ensuring timely legal action [5] - It increases penalties for violations, such as raising the maximum fine for commercial bribery from 3 million to 5 million yuan, and introduces fines for forced sales on platforms ranging from 50,000 to 200,000 yuan [5] - The law emphasizes the importance of legal frameworks in maintaining market order and ethical business practices, which is crucial for addressing "involution" in competition [5]