China News Service, November 22. Recently, the State Administration for Market Regulation has publicly solicited opinions from the public on the "Anti-Unfair Competition Law of the People's Republic of China (Revised Draft for Comments)".
The State Administration for Market Regulation intends to improve the anti-unfair competition rules of the digital economy, and standardize and govern behaviors that disrupt the order of competition in the development of new economies, new formats, and new models.
The revised draft combines the characteristics of competitive behavior in the digital economy field, and makes detailed provisions on unfair competition behaviors in data acquisition and use, unfair competition behaviors implemented by algorithms, and new types of unfair competition behaviors such as hindering open sharing.
At the same time, taking into account the complexity of identifying unfair competition in the digital economy, the consideration factors for judging whether it constitutes unfair competition are stipulated to enhance the predictability of the system and the standardization of law enforcement.
In addition, it also stipulates the responsibility of platform operators to strengthen competition compliance management and promote social co-governance against unfair competition.
In addition, in view of the outstanding problems in the practice of supervision and law enforcement, the existing manifestations of unfair competition behaviors are supplemented and improved.
The first is to improve the terms of commercial confusion, combine the needs of law enforcement practice, supplement the types of logos that constitute commercial confusion, add the names of self-media, application software, etc.; include the sale of confusing goods and the behavior of providing convenience for the implementation of confusing behaviors into the scope of regulation, and Distinguish subjective intent and set corresponding legal responsibilities.
The second is to make prohibitive provisions on accepting bribes in the terms of commercial bribery.
The third is to refine the terms of false propaganda, describe the behavior types of commercial propaganda, and provide reference for the distinction between commercial propaganda and advertising in law enforcement practice; increase the crackdown on organizations that help false propaganda, and clearly prohibit the organization of false transactions and fictitious evaluations and other ways to help other operators to carry out false propaganda.
The fourth is to strengthen the protection of commercial secrets, stipulating that the state promotes the establishment and improvement of a commercial secret protection system that integrates self-protection, administrative protection, and judicial protection of commercial secrets.
The fifth is to include the behavior of instructing others to carry out commercial defamation into the scope of regulation.
(China New Finance and Economics)