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To prevent and stop unfair competition on the Internet,Maintain market order of fair competition,Encourage innovation,Protect the legitimate rights and interests of operators and consumers,Promote the healthy and sustainable development of digital economy regulations,The State Administration for Market Regulation recently announced the "Interim Provisions on Anti-Unfair Competition on the Internet" (hereinafter referred to as the "Regulations"),The "Regulations" will come into effect on September 1, 2024。The relevant situation is now interpreted as follows。
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The report of the 20th National Congress of the Communist Party of China was submitted,“Building a unified national market,Deepening the market-oriented reform of factors,Building a high-standard market system。Improve property rights protection、Market access、Fair competition、Social credit and other basic market economy systems,Optimizing the business environment”。It is the Party Central Committee’s responsibility to speed up the construction of a unified national market、Major deployment made by the State Council from an overall and strategic perspective。Fair competition is the key element and powerful driving force to accelerate the construction of a unified national market。Anti-unfair competition plays a fundamental role in maintaining fair competition,Related to the basic level and quality of market economy。On the one hand,With the rapid development of my country’s digital economy,Innovation iteration of information technology,Counterfeiting and confusion、False propaganda、Traditional unfair competition behaviors such as commercial slander are renovated using Internet technology,Reverse brushing、Illegal data acquisition and other new network unfair competition behaviors are more concealed,Hindering the improvement of economic operation efficiency,Restricting the free flow of goods and factors、Fair competition,Restricting the formation of a unified national market。To this,Urgent need to strengthen fair competition governance,dafabet online sports betting appContinuous improvement, efficiency and completeness、Transparent and predictable normalized regulatory mechanism。On the other hand,Accelerating adjustments to the global competitive landscape,A new generation of economic and trade rules is taking shape,Institutional competition has become an important part of international competition。Other countries and regions have made a series of new institutional arrangements for the digital economy,Anti-unfair competition has become an important focus of international economic and trade rules。To this,There is an urgent need to strengthen forward-looking dynamic research,Promote the integration of my country’s competition policy with international rules,Improving the trade and investment environment,Continue to deepen institutional opening up in the field of competition。
The State Administration for Market Regulation adheres to the guidance of Xi Jinping Thought dafabet casino mobile appon Socialism with Chinese Characteristics for a New Era,In-depth implementation of the spirit of the 20th National Congress of the Party,In-depth research and demonstration、Fully solicit opinions、Based on many revisions and improvements,Formulation and release of "Regulations"。The "Regulations" aim to improve and clarify the "traffic light" rules for online competition,Clear guidelines for various business entities、Draw the bottom line,Ensure that the market competition mechanism operates efficiently and orderly on the track of the rule of law,Guiding digital technology to better empower people,Leading my country’s competitiveness to continuously improve。
二、What are the main principles to be followed in drafting and formulating the Regulations?
First, insist on encouraging innovation。Protect corporate innovation achievements,Strive to promote the Internet industry to maximize its innovation potential。The second is to adhere to standardized competition。Guarantee fair transactions between business entities of different sizes,Promote the coordinated development of various enterprises,Prevent competition disorder,Strive to create a good market environment。The third is to adhere to problem orientation。Starting from the strategic perspective of building new national competitive advantages,Aiming at the focus of contradictions that need urgent regulation,Strive to improve the identification Dafabet reviewsstandards and regulatory requirements for unfair competition on the Internet。The fourth is to insist on open vision。High-level services open to the outside world,Enhance the foresight of institutional supply、Targeted、Validity,Strive to build a fair competition system that is connected with high-standard international rules。
3. What are the main contents of the "Regulations"?
There are five chapters in the "Regulations"、43 items,Divided into general rules、Unfair competition on the Internet、Supervision and Inspection、Legal Responsibilities and Bylaws。The main content is as follows。
(1) Clarify the overall requirements。"Regulations" to maintain the market order of fair competition、Encourage innovation、Protect the legitimate rights and interests of operators and consumers、Promoting the healthy and sustainable development of the digital economy as a basic goal,Innovative supervision model,Clear the collaborative supervision working mechanism,Coordinate the efforts of all parties,Strive to improve the efficiency of comprehensive management。
(2) Comprehensive review and enumeration of unfair competition behaviors on the Internet。According to the complex and changeable characteristics of online competition,The "Regulations" classify and refine unfair competition behaviors on the Internet,Clear identification criteria。First, it is clear about counterfeiting and confusion、New manifestations of traditional unfair competition behaviors such as false propaganda in the online environment,Speculation on brushing orders、Regulate hot issues such as cash rebates for positive reviews,Strive to eliminate regulatory blind spots。The second is to refine the unfair competition on the Internet regulated by the Anti-Unfair Competition Law,Listed traffic hijacking、Malicious interference、The manifestations and identification factors of malicious incompatibility。The third is reverse brushing orders、Illegal data acquisition、Regulate discriminatory treatment and other new unfair competition behaviors implemented by technical means。Set a safety clause at the same time,Provide regulatory basis for new problems and new behaviors that may arise。
(3) Strengthening platform responsibility。Platform companies master massive amounts of data,Connecting a large number of subjects,It is also a key target of unfair competition supervision on the Internet,It is also a key node for collaborative dafabet live casinosupervision。The "Regulations" highlight the responsibilities of platform entities,Urge platform companies to strengthen standardized management of competition within the platform,At the same time, regulate issues such as the abuse of data algorithms to gain competitive advantages。
(4) Optimizing the Provisions on Law Enforcement Case Handling Procedures。Aiming at unfair competition on the Internet with wide coverage、Cross-platform、Cross-region features,Special provisions on supervision and inspection procedures,Jurisdiction is determined based on the connecting points of major cases。Creating an expert observer system,Provide intellectual support and technical support to solve difficult problems in unfair competition cases on the Internet。
(5) Clarify legal responsibilities。Leverage the "combination" of laws and regulations in the field of market supervision,Under the framework of the Anti-Unfair Competition Law,Effectively connect the e-commerce law、Antitrust Law、Administrative Penalty Law and Other Laws。At the same time,Clarified the legal liability for confiscation of illegal gains,Strengthening supervision effects。
Four、In view of new unfair competition behaviors in the network field,What measures are proposed in the "Regulations"?
The "Regulations" detail the constituent elements and identification factors of online unfair competition in the Anti-Unfair Competition Law,Conducive to a more comprehensive study and judgment of the illegality of the behavior involved,Avoid inappropriate interference with free market competition,Resulting in hindering technological development and innovation。Resulting in hindering technological development and innovation、Malicious interception or blocking、Illegal data acquisition、Platform operators impose unreasonable restrictions on operators within the platform or attach unreasonable conditions and other unfair online competition behaviors,Clearly applicable legal terms。
5. What plans does the General Administration have for the next implementation of the "Regulations"?
The "Regulations" are to guide various business entities to compete in an orderly manner、Important institutional guarantee for innovative development,Effective from September 1, 2024。Next step,The State Administration for Market Regulation will adhere to the guidance of Xi Jinping Thought dafabet casino mobile appon Socialism with Chinese Characteristics for a New Era,In-depth implementation of the spirit of the 20th National Congress of the Communist Party of China and the Second Plenary Session of the 20th Central Committee of the Communist Party of China,Intensify publicity and interpretation,Strive to create a good atmosphere of public opinion,Let all sectors of society、Various business entities quickly understand and master the main contents of the "Regulations",Guide all types of entities to enhance their awareness of operating in compliance with laws and regulations,Improve the construction of compliance system,Adjust business behavior in a timely manner。At the same time,The State Administration for Market Regulation will increase its guidance on the law enforcement work of local market supervision departments,Promptly formulate law enforcement guidelines,Improving the legal administrative level of grassroots law enforcement personnel,Continuously improve the scientific nature of supervision、Normative、Coordination、Stability,Achieve fair supervision、Correct execution、Service Development。
Source: State Administration for Market Regulation
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