The Shaanxi Provincial Market Supervision and Administration Bureau has issued a notice titled "Guidance on the 'Ten Prohibitions' and 'Ten Advocacies' for Governing and Preventing 'Internal Competition'."
The directive states that market supervision departments at all levels will concentrate on sectors prone to intense "internal competition," including the platform economy, solar photovoltaics, lithium batteries, new energy vehicles, and consumer goods. They will conduct investigations, handle violations, and carry out administrative interviews in accordance with the law for legally prohibited activities.
The authorities support industry associations in improving self-regulatory systems and guide market entities to operate in compliance with the established rules. The 12315 complaint and reporting channel for market supervision will be kept open to widely collect leads on "internal competition," aiming to build a collaborative governance framework involving government oversight, industry self-regulation, and public supervision to comprehensively address disorderly competition.
Market supervision departments will apply tolerant and prudent regulatory measures to market entities that proactively conduct self-inspections and rectify issues. For repeated violations and malicious acts that disrupt market order, the authorities will impose severe penalties according to the law and publicly expose typical cases.
The notice outlines a clear bottom line with "Ten Prohibitions" for lawful and compliant business competition:
1. It is prohibited for operators to sell goods or provide services below cost without正当理由; platforms must not force merchants into loss-making operations through algorithmic restrictions, traffic constraints, store delistings, payment delays, or rule-based pressure; operators must not engage in low-price dumping aimed at excluding competitors and disrupting normal market price秩序.
2. It is prohibited for operators to engage in price欺诈行为 such as fabricating subsidies, discounts, or inaccurate pricing; they must not falsely mark discounts, raise prices before lowering them, or mislead consumers through模糊标价 or hidden fees to破坏公平竞争格局 with虚假价格优势.
3. It is prohibited for platforms with a dominant market position to illegally interfere with the independent pricing rights of merchants on their platforms; they must not强制捆绑收费, set discriminatory management rules, or illegally restrict merchants' normal自主经营权限.
4. It is prohibited for operators to engage in data造假行为 like click farming, fabricating transactions, or篡改评价; they must not organize or assist in虚假交易刷量, forge business reputations to gain不正当竞争优势, or mislead market and consumer judgment.
5. It is prohibited for operators to fabricate and spread false information to defame同行主体; they must not engage in commercial defamation through恶意批量投诉,舆论抹黑, or恶意对比贬低 to实施不正当同业排挤行为.
6. It is prohibited for competing operators to达成垄断协议; they must not collude to商定交易价格,划分经营市场,限制产销规模, or锁定客户资源 to实施排除、限制市场竞争的违法行为.
7. It is prohibited for operators to gain低价竞争优势 by reducing product quality or service standards; they must not擅自削减服务内容,降低履约标准, or缩减产品配置 to win bids or projects, thereby breaching basic quality底线 for goods and services.
8. It is prohibited for operators to seek交易机会 through commercial贿赂及各类利益输送手段; they must not use账外回扣,变相馈赠, or财物返利 to gain不正当便利 like合作资格 or project awards,破坏公平交易环境.
9. It is prohibited for administrative agencies to set up区域壁垒 or implement地方保护 to分割全国统一大市场; they must not use差异化准入条件 or限制性管理举措 to偏袒本地主体 or排斥外地合规经营者, thereby artificially割裂市场流通秩序.
10. It is prohibited for large enterprises to abuse their优势地位 in capital, technology, channels, or industry influence to force small and medium-sized enterprises to accept unreasonable交易条件 regarding payment terms, methods, or违约 liabilities, or to拖欠货物、工程、服务等账款.
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