Recently, the State Administration for Market Regulation issued the Interim Provisions on Online Anti-Unfair Competition, which will come into force on September 1, 2024. With the goal of promoting the development of the platform economy, the provisions adhere to the problem-oriented approach, focus on solving the problem of unfair competition in the field of the platform economy, and escort the sustainable and healthy development of the digital economy.
In terms of persisting in encouraging innovation, it is stipulated to protect the innovation achievements of enterprises, and strive to promote the Internet industry to maximize its innovation potential.
In terms of efforts to regulate competition, the provisions conform to the new characteristics, new trends and new requirements of the development of the mainland's digital economy, and improve the standards and regulatory requirements for the identification of various types of online acts of unfair competition; It clarifies the new manifestations of traditional unfair competition behaviors such as counterfeiting and confusion and false propaganda in the online environment, and enumerates new types of online unfair competition behaviors such as reverse order farming and illegal data acquisition. Set up catch-all clauses to provide a regulatory basis for new problems and new behaviors that may arise.
In terms of strengthening the protection of consumer rights and interests, the provisions respond to social concerns and regulate key issues such as swiping orders and speculation, praise and cashback, and affecting user choices that infringe on consumer rights and interests in online consumption in mainland China, so as to provide policy support for solving the new problems of new scenarios and new business formats of online consumption.
In terms of strengthening the responsibility of platforms, the provisions urge platforms to strengthen the regulation and management of competitive behaviors within the platform, and at the same time regulate issues such as the abuse of data algorithms to gain competitive advantages.
In addition, in view of the characteristics of online acts of unfair competition, such as wide coverage, cross-platform, and cross-regional, it is stipulated to make special provisions on supervision and inspection procedures, create an expert observer system, provide intellectual support and technical support for solving key problems, and clarify the legal responsibility for confiscation of illegal gains, so as to strengthen the effect of supervision.
According to reports, the State Administration for Market Regulation will focus on the regulation and investigation of online unfair competition, earnestly safeguard the legitimate rights and interests of operators and consumers, and promote the orderly competition and innovative development of all kinds of business entities.
Source: Chinese government website
Editor: Zhu Ran
Editor-in-charge: Xie Qian
Review: Wang Ying
Final review: Xie Tao