Beijing, May 13 (Reporter Lin Lili) The General Administration of Market Supervision recently released the Interim Provisions on Anti unfair Competition on the Internet (hereinafter referred to as the "Provisions"), which will come into force on September 1, 2024.

According to the relevant person in charge of the State Administration of Market Supervision, the Regulations aim to provide clear guidance and bottom line for all kinds of business entities, ensure the efficient and orderly operation of market competition mechanism on the track of the rule of law, guide the better empowerment of digital technology, and lead China to continuously improve its competitiveness by improving and clarifying the "traffic light" rules for online competition behavior. The Regulations have the following characteristics:

We will continue to encourage innovation. Protect the innovation achievements of enterprises, and strive to promote the Internet industry to maximize its innovation potential.

Strive to standardize competition. Comply with the new characteristics, new trends and new requirements of China's digital economy development, and improve the identification standards and regulatory requirements of various types of network unfair competition. It clarifies the new forms of traditional unfair competition behaviors such as counterfeiting, confusion and false propaganda in the network environment, lists new types of unfair competition behaviors such as reverse order swiping and illegal data acquisition, and sets up bottom covering clauses to provide supervision basis for possible new problems and behaviors.

Strengthen the protection of consumers' rights and interests. Respond to social concerns, regulate the focus issues of online consumption in China that infringe on consumers' rights and interests, such as order swiping and credit speculation, favorable feedback, and influencing users' choice, so as to provide policy support for solving the new problems of new online consumption scenarios and new business types.

Strengthen platform responsibility. Platform enterprises master massive 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 platform subjects, urge platform enterprises to strengthen the standardized management of competition behaviors within the platform, and regulate the abuse of data algorithms to gain competitive advantages.

We will improve law enforcement and handle cases. In view of the wide radiation, cross platform, cross region and other characteristics of network unfair competition, special provisions are made on the supervision and inspection procedures, and jurisdiction is determined according to the connection points of major cases. Establish expert observer system to provide intellectual support and technical support for solving the difficult problems of network unfair competition cases.

Clarify legal responsibilities. Give full play to the role of "combination of laws and regulations" in the field of market supervision, and effectively link up laws such as anti unfair competition law, e-commerce law, anti-monopoly law, administrative punishment law, etc. At the same time, the legal responsibility for confiscating illegal income was clarified, and the supervision effect was strengthened.

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