May eleventhBestbaccaratpredictThe State Administration of Market Supervision and Administration issued a message to prevent and stop unfair competition on the Internet and to maintain fair competition.BestbaccaratpredictMarket 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.
A reporter from the Daily Business News noted that in view of the new type of unfair competition behavior in the network field, the "regulations" detailed the constituent elements and identification 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, avoid unduly interfering with free competition in the market, and hinder technological development and innovation.
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.
Classify and sort out the unfair competition behavior of the network.
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.
Fu Yongsheng, a lawyer at Shanghai Guangming Law firm and a member of China Law Society, told the Daily Business News on Wechat that first of all, it helps consumers identify true and false information and avoid being deceived. Secondly, by cracking down on false propaganda and credit speculation, we can maintain fair competition in the market and prevent Bad money drives out good, so as to protect consumers' right to choose and know. In addition, it also helps to enhance consumers' shopping experience and enhance consumers' trust in the online market.
Fu Yongsheng said that classifying and sorting out the network unfair competition behavior and clearly identifying the standards are of great significance for cracking down on the network unfair competition behavior. This provides a clear legal framework that enables regulators to enforce the law more effectively and reduce fuzziness and uncertainty in the enforcement process. It helps to guide the market subject to abide by the rules consciously and prevent the occurrence of unfair competition. Clear identification criteria can also provide powerful legal weapons for individuals or enterprises affected by unfair competition, so that they can protect their rights and interests more effectively.
In addition, in view of the characteristics of network unfair competition, such as wide range, cross-platform and cross-region, the regulations make special provisions on supervision and inspection procedures and determine jurisdiction 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.
Urge platform enterprises to strengthen standardized management of competitive behavior within the platform
According to the General Administration of Market Supervision, platform enterprises hold huge amounts 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.
Huang Ji, a lecturer at the School of Civil and Commercial Law at Southwest University of political Science and Law, said that because the network platform has been deeply integrated into people's production and life, exchanges, and resource allocation, compared with other fields, monopoly and unfair competition in the field of platform economy are more likely to cause widespread and serious consequences. Competitive disorder behaviors such as "pinching mergers and acquisitions", blocking links without justifiable reasons, "choosing one of the two", big data killing and flow hijacking are typical zero-sum games and even negative-sum games, which will not only encroach on the opportunities and achievements of fair competition of other operators, but also damage consumers' legitimate rights and interests such as the right to know, the right of independent choice and the right to privacy.
The regulations make it clear that business operators shall not use the Internet, big data, algorithms and other technical means to carry out traffic hijacking, interference, malicious incompatibility and other acts by influencing users' choices or other means. hinder or destroy the normal operation of network products or services legally provided by other operators.
Fu Yongsheng said that this will help maintain a level playing field in the online market and prevent some enterprises from gaining market share through improper means. Standardizing the competitive behavior within the platform can enhance the user experience and prevent users from unnecessary interference when using network services. By strengthening standardized management, platform enterprises can better fulfill their social responsibilities and enhance the image and credibility of the whole industry.
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