Tiger'sTriumphTour| The interpretation of the "Interim Provisions on Combating Unfair Competition on the Internet" is here

Xinjing News: according to the official account of "Shi Shuo Xinyu", in order to prevent and stop unfair competition on the Internet and maintain fair competitionTiger'sTriumphTourMarket order, encourage innovation, protect the legitimate rights and interests of operators and consumers, and promote the standardized, healthy and sustainable development of the digital economy, the General Administration of Market Supervision recently promulgated the interim provisions on Internet Anti-unfair Competition (hereinafter referred to as the provisions), which will enter into force on September 1, 2024. The relevant situation is now interpreted as follows.

First, what is the background of the promulgation of the regulations?

The report of the 20th CPC National Congress put forward, "build a unified national market, deepen the market-oriented reform of factors, and build a high-standard market system." We will improve the basic market economic systems such as property rights protection, market access, fair competition and social credit, and optimize the business environment. Speeding up the construction of a national unified market is a major deployment made by the CPC Central Committee and the State Council from an overall and strategic perspective. Fair competition is a key element and powerful driving force for speeding up the construction of a national unified market. Anti-unfair competition plays a fundamental role in maintaining fair competition, which is related to the basic level and quality of market economy. On the one hand, with the rapid development of China's digital economy, information technology innovation iteration, counterfeiting confusion, false propaganda, commercial slander and other traditional unfair competition behavior using Internet technology pattern renovation, reverse brushing, illegal data acquisition and other new network unfair competition behavior is more hidden, hindering the improvement of economic operation efficiency, restricting the free flow of goods and elements, fair competition, restricting the formation of a national unified market. In this regard, there is an urgent need to strengthen fair competition governance and constantly improve an efficient, complete, transparent and predictable normalized supervision mechanism. On the other hand, with the accelerated adjustment of the global competition pattern, a new generation of economic and trade rules are being formed, and 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, and anti-unfair competition has become an important focus of international economic and trade rules. In this regard, it is urgent to strengthen forward-looking dynamic research, promote China's competition policy to be in line with international rules, improve the trade and investment environment, and continuously deepen the institutional opening up in the field of competition.

The General Administration of Market Supervision adheres to the guidance of Xi Jinping's thinking on socialism with Chinese characteristics in the new era, thoroughly implements the spirit of the 20th CPC National Congress, and formulates and promulgates the "regulations" on the basis of in-depth investigation and demonstration, fully soliciting opinions, and revising and improving many times. The purpose of the "regulations" is to improve and clarify the "traffic light" rules of network competition behavior, to clearly guide and draw a clear bottom line for all kinds of business entities, to ensure the efficient and orderly operation of the market competition mechanism on the track of the rule of law, and to guide digital technology to better empower. lead our country to continuously improve its competitiveness.

Second, what are the main principles followed in drafting and formulating the "regulations"?

First, persist in encouraging innovation. Protect the achievements of enterprise innovation and strive to promote the Internet industry to maximize its innovation potential.

The second is to adhere to standardized competition. We will ensure fair trade between operators of different sizes, promote the coordinated development of all kinds of enterprises, prevent disorderly competition, and strive to create a good market environment. The third is to adhere to the problem-oriented. From the strategic perspective of building a new national competitive advantage, in view of the urgent need to regulate the focus of contradictions, efforts should be made to improve the identification standards and regulatory requirements of network unfair competition. The fourth is to keep our horizons open. We will open up to the outside world at a high level of service, enhance the foresight, pertinence and effectiveness of institutional supply, and strive to build a fair competition system that links up with high-standard international rules.

3. What are the main contents of the regulations?

There are five chapters and 43 articles in the regulations, which are divided into general principles, network unfair competition acts, supervision and inspection, legal liability and supplementary provisions. The main contents are as follows.

(1) to clarify the overall requirements. The basic objectives of the regulations are to maintain the market order of fair competition, encourage innovation, protect the legitimate rights and interests of operators and consumers, and promote the standardized, healthy and sustainable development of the digital economy, innovate the supervision mode, and clarify the working mechanism of coordinated supervision. we will co-ordinate the efforts of all parties and strive to improve the efficiency of comprehensive governance.

(2) to comprehensively sort out and enumerate the acts of unfair competition on the Internet. According to the complex and changeable characteristics of network competition behavior, the regulations classify and sort out the network unfair competition behavior and make clear the identification standard. First, it defines the new forms of traditional unfair competition behaviors such as counterfeiting confusion and false propaganda in the network environment, regulates hot issues such as brushing, credit speculation, high praise and cash back, and strives to eliminate the blind area of supervision. The second is to refine the network unfair competition behavior regulated by anti-unfair competition laws and regulations, and enumerate the manifestations and identification factors of traffic hijacking, malicious interference and malicious incompatibility. The third is to regulate the new unfair competition behavior implemented by technical means, such as reverse brushing, illegal data acquisition, discrimination treatment and so on. At the same time, a background clause is set up to provide a regulatory basis for new problems and new behaviors that may arise.

(3) strengthen platform responsibility. Platform enterprises master a large amount of data and connect a large number of subjects, which is not only the key object of network unfair competition supervision, but also the key node of collaborative supervision. The regulations highlight the responsibility of the main body of the platform, urge platform enterprises to strengthen the standardized management of competitive behavior within the platform, and regulate the abuse of data algorithms to gain competitive advantage.

(4) optimize the procedures for law enforcement and handling cases. In view of the characteristics of network unfair competition, such as wide range, cross-platform, cross-region and so on, special provisions are made on the supervision and inspection procedures, and jurisdiction is determined according to the connection points of major cases. Create an expert observer system to provide intellectual and technical support for solving the difficult problems of network unfair competition cases.

(5) to clarify the legal liability. Give full play to the "combined punch" role of laws and regulations in the field of market supervision, and effectively link up with e-commerce law, anti-monopoly law, administrative punishment law and other laws under the framework of anti-unfair competition law. At the same time, it defines the legal responsibility of confiscating illegal income and strengthens the effect of supervision.

Fourth, in view of the new type of unfair competition in the network field, what measures have been put forward by the regulations?

The regulations refine the constituent elements and cognizance factors of the network unfair competition behavior in the anti-unfair competition law, which is conducive to a more comprehensive study of the illegitimacy of the behavior involved and avoid inappropriate interference with free market competition. Technological development and innovation are hindered. The regulations enumerate network unfair competition behaviors such as reverse brushing, malicious interception or shielding, illegal data acquisition, unreasonable restrictions or unreasonable conditions imposed by platform operators on operators within the platform, and clarify the applicable provisions of the law.

5. What is the General Administration's plan for the next step of implementing the "regulations"?

The regulations are an important institutional guarantee for guiding orderly competition, innovation and development of all kinds of business entities, and will come into force on September 1, 2024. In the next step, the General Administration of Market Supervision will adhere to Xi Jinping's thought of socialism with Chinese characteristics in the new era, thoroughly implement the spirit of the 20th CPC National Congress and the second Plenary session of the 20th CPC Central Committee, step up publicity and interpretation, and strive to create a good atmosphere of public opinion. let all sectors of society and all kinds of business entities quickly understand and master the main contents of the regulations, guide all kinds of subjects to enhance their awareness of compliance according to law, and improve the construction of the compliance system. Adjust the business behavior in time. At the same time, the General Administration of Market Supervision will increase guidance to the law enforcement work of local market regulatory departments, formulate timely guidelines for law enforcement, enhance the administrative level of law enforcement personnel at the grass-roots level, and constantly enhance the scientific, normative, coordinated, and stable nature of supervision, so as to achieve fair supervision, correct implementation, and service development.

Tags:

Prev: theincrediblecrashdummies| What are the ways to close stocks?
Next: gentingroulette| The top plate is just the top plate, it is not equal to the faucet