China's Anti-Unfair Competition Law ("AUCL") has
been amended twice since its enactment in 1993, first in 2017 and
another in 2019. On December 25, 2024, the Standing Committee of
the National People's Congress released a Draft Revision to the
Anti-Unfair Competition Law (the "Draft Revision") for
public comment. The public consultation period will end on January
24, 2025.
Below is a brief analysis of the key revisions proposed in the
Draft Revision.
I. Introduction of Platform Operators'
Responsibilities
One key amendment to the AUCL in the Draft Revision is that the
Draft Revision has imposed on platform operators (i.e., operators
who provide internet platform services, such as business premises,
transaction matching, and information exchange, to natural persons,
legal persons, and other market entities) two primary obligations.
Specifically, a platform operator should (i) in its platform
service agreements with its customers and its platforms'
transaction