The Regulations on Promoting Fair Competition in Fujian Province (Draft) have been recently submitted to the Standing Committee of Fujian Provincial People's Congress for review. The Regulations (draft), tailored to the actual conditions of our province, outline provisions for fair competition review, actions that impede fair competition, the enhancement of a fair competition environment, supervision and management, and legal responsibilities.
The original Implementation Measures of the Anti-Unfair Competition Law of the People's Republic of China in Fujian Province have been in effect for 28 years. However, in terms of legislative concepts, behavior definitions, and penalty settings, these measures are not completely aligned with current laws, regulations, and policies. They also do not meet the requirements of establishing a unified national market, improving the business environment, and promoting high-quality development. Therefore, they are no longer sufficient to meet current needs. In order to tackle pressing issues in practice, it is essential to learn from and adapt the experiences and practices of our province in promoting fair competition. By introducing new regulations and abolishing outdated ones, we can further solidify the legal foundation of fair competition. This will help create a unified, transparent, fair, efficient, honest, law-abiding, safe, and orderly market competition environment.
Preventing administrative monopolies and unfair competition helps to create a more extensive market space and a fair competitive environment for different market entities, ultimately enhancing the quality and competitiveness in the market economy. The Regulations (draft) clearly prohibit the abuse of administrative power to carry out exclusionary or restrictive actions, listing 8 prohibited behaviors, such as abusing administrative power to restrict transactions and obstruct the free flow of goods. The regulations also outline situations of unfair competition, providing detailed provisions for 7 types of unfair competition behaviors, including confusion, commercial bribery, false advertising, and commercial defamation.
A fair and orderly competitive environment is crucial for protecting the rights and interests of business operators, maintaining market order, and achieving high-quality development. The Regulations (draft) contain a dedicated chapter focusing on promoting the development of a fair competition environment. It specifies provisions on assessment and evaluation, credit supervision, law enforcement and judicial matters, the core responsibilities of business operators, and the responsibilities of industry associations. These provisions are designed to transition competition governance from one-way supervision to multi-governance.