Recently, the General Administration of Market Supervision issued a circular on further implementing the Anti-Unfair Competition Law of the People's Republic of China.
The bill clearly States that all kinds of anti-unfair competition measures will be used comprehensively. Efforts should be made to prevent and control the platform economy, " clearly and continuously increase the common problems such as counterfeiting and confusion, false publicity, infringement of trade secrets, improper sales with prizes, etc. The crackdown on high-incidence unfair competition will promote the formation of a fair competitive market environment.
We should clearly focus on supporting trade associations, chambers of commerce and self-discipline mechanisms to give full play to the functions of industry self-discipline and professional services, formulate industry competition norms and guidelines, and guide operators in the industry to resist unfair competition. Notice
of the State Administration of
Market Supervision on Further Implementing
the Law of the People's Republic of China on Countering Unfair Competition The market supervision bureaus (departments) of all provinces, autonomous regions, municipalities directly under the Central Government and Sinkiang Production and Construction Corps, On June 27, 2025, the 16th Session of the Standing Committee of the
14th National People's Congress voted to adopt the newly revised Anti-Unfair Competition Law of the People's Republic of China (hereinafter referred to as the Anti-Unfair Competition Law), which will come into effect on October 15, 2025. In order to further implement the Anti-Unfair Competition Law, the relevant matters are hereby notified as follows.
1. Fully Understanding the Importance of Implementing the Anti-Unfair Competition Law
The Party Central Committee and the State Council attach great importance to strengthening the work of anti-unfair competition. General Secretary Xi Jinping has made important instructions and instructions on many occasions, pointing out that anti-unfair competition is the inherent requirement of improving the socialist market economic system and promoting high-quality development. The Outline of the Fifteenth Five-Year Plan for National Economic and Social Development of the People's Republic of China puts forward the idea of "strengthening anti-monopoly and anti-unfair competition law enforcement and justice". Implementing the newly revised Anti-Unfair Competition Law is an important guarantee to ensure the full implementation and effective implementation of the Party's relevant line, principles, policies and decision-making arrangements from the institutional and legal point of view. It is of great significance to further improve the market competition rules and speed up the construction of an efficient, standardized, fair and fully open national unified market. We should have a deep understanding of the far-reaching significance of the Anti-Unfair Competition Law in regulating market order, optimizing business environment and promoting high-quality development, accurately understand the spirit and core content of the revision, and earnestly do a good job in learning, publicizing and implementing it.
2. Accurately grasp the key points
of implementing the Anti-Unfair Competition Law (1) Improve the working mechanism of anti-unfair competition. Anti-unfair competition work should adhere to the leadership of the Communist Party of China. In accordance with the requirements of building a high-standard market system, we should actively report to the people's governments at all levels, take the implementation of the Anti-Unfair Competition Law as an important starting point to promote the construction of a unified national market, promote the improvement of the coordination mechanism of local anti-unfair competition work, eliminate the blockages that hinder the construction of a unified national market, and comprehensively implement the fair competition review system. Strengthen cooperation with relevant departments and take various measures to prevent and stop unfair competition.
(2) Comprehensive rectification of "involution" competition. Comprehensive use of various anti-unfair competition measures, efforts to prevent and control the platform economy, photovoltaic, lithium batteries, new energy vehicles and other key industries and areas of "involution" competition. Accurate identification and investigation of platform enterprises according to law without justified reasons, using search ranking, business evaluation, algorithm control, flow restriction, off-shelf goods, increased costs, arrears, suspension of transactions, internal punishment and other means, or in subsidies, preferences, red envelopes, discounts, "full reduction", "buy gifts", promotions and other activities. Force or disguise the operators in the platform to sell goods at a price lower than cost, thus disrupting the order of market competition. When determining the violation of a case, we should take into account the nature of the subject matter of the transaction, the scale and type of production, the market and sales situation, production efficiency and technology, the quality of goods or services and other factors. Compacting the responsibilities and obligations of platform operators in dealing with unfair competition, urging the platform to clarify the rules of fair competition within the platform, establishing a special working mechanism, accepting complaints, handling disputes, taking necessary measures to deal with unfair competition in a timely manner, keeping relevant records and reporting to law enforcement agencies. To prevent the platform operators from interfering with the independent management rights of the operators in the platform through improper audit management.
(3) Prevent and control large enterprises and other operators from defaulting on the accounts of small and medium-sized enterprises. Construct a multi-dimensional coordination mechanism to govern the arrears of large enterprises and other operators to small and medium-sized enterprises. It is necessary to make a comprehensive judgment on whether large enterprises and other operators have a dominant position in the light of the status of the trading parties in the industry, trading habits, the impact on small and medium-sized enterprises and the overall market order and other factors. To accurately identify illegal acts, the main body should be large enterprises and other operators, which must have the specific performance of abusing the dominant position, and require small and medium-sized enterprises to accept obviously unreasonable trading conditions and form the fact of arrears. If it is indeed illegal, the market supervision department at or above the provincial level may require the relevant enterprises to rectify; if they refuse to rectify, they shall be dealt with in accordance with the law. According to the circumstances of the case, the market supervision department at a lower level may be entrusted with verification and investigation.
(4) Strengthen the supervision of unfair competition on the Internet. We should coordinate the relationship between vitality and order, improve the rules of network competition, and strive to improve the normal supervision level of network unfair competition. We should make good use of the special provisions prohibiting the infringement of data rights and interests and the rules for the protection of trade secrets, accurately identify unfair competition in data, balance the relationship between data protection and data utilization, strengthen the protection of emerging industries such as artificial intelligence, effectively protect the legitimate rights and interests of all participants in data elements, and maintain the order of competition in the data market. Timely response to all kinds of new types of network unfair competition, effective regulation of the use of data and algorithms, technology, platform rules and other unfair competition. Accurately grasp the legal composition and practical characteristics of unfair competition on the Internet, continuously strengthen the screening and supervision of various disguised manifestations such as traffic hijacking, malicious interference, malicious incompatibility, abuse of platform rules to implement false transactions, false evaluation or malicious returns, and further strengthen the maintenance of the market order of the digital economy.
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