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反不正当竞争法迎来修订 拟完善不正当竞争行为相关规定等

The Anti-Unfair Competition Law is set to be revised to improve regulations regarding unfair competition.

Breakings ·  12:45

On the 21st, the draft revision of the Anti-Unfair Competition Law was submitted for review at the 13th meeting of the Standing Committee of the 14th National People's Congress. The draft revision balances vitality and order, efficiency and fairness, promoting a better combination of an effective market and a proactive government, while reasonably clarifying the obligations of operators to create a favorable institutional environment for all types of operators to participate fairly in market competition. The current Anti-Unfair Competition Law was promulgated and implemented in 1993, and has been revised twice in 2017 and 2019, with the legal framework and main systems being generally feasible. With the rapid development of the economy, the law also faces some new issues in implementation, urgently needing targeted modifications and improvements. The draft revision adheres to a problem-oriented approach, summarizes regulatory practice experience, and addresses new situations and problems encountered in recent years when investigating unfair competition behaviors. It improves relevant institutional rules, mainly revising aspects like clarifying overall requirements for anti-unfair competition, improving related regulations on unfair competition behaviors, and enhancing regulations and penalties for anti-unfair competition supervision. In terms of improving regulations related to unfair competition behaviors, the draft revision strengthens the governance of commercial bribery by adhering to the principle of 'investigating both bribery and receiving bribes together.' Based on the current prohibition of bribery regulations, it adds that units and individuals must not accept bribes in transaction activities; it improves the network of unfair competition supervision system, clarifying that operators must not use data, algorithms, technology, platform rules etc., to engage in malicious trading and other unfair competitive behaviors; at the same time, it also improves regulations related to false advertising, improper prize sales, commercial defamation, and abuse of superior positions to harm the legitimate rights and interests of small and medium-sized enterprises. Regarding improving regulations and penalties for anti-unfair competition, the draft revision follows the principle of proportionality between punishment and offense as well as penalties combined with education as stipulated by the Administrative Penalty Law, enriches regulatory measures, and adjusts punishment amounts scientifically. If an operator is suspected of violating this law, the supervision and inspection department can interview their legal representative or responsible person, requiring them to take measures for timely rectification. It increases the penalties for unfair competition behaviors, adding 'punishment to individuals' provisions for legal representatives, main responsible persons, and directly responsible personnel of operators engaging in commercial bribery, supplementing relevant penalties for units and individuals receiving bribes in transaction activities.

The translation is provided by third-party software.


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