중국 반부정당경쟁법 개정안에 대한 검토

A study on China’s Anti-Unfair Competition Law(Amendment draft)

On February 22, 2017, China announced a revised draft of Anti-Unfair competition Law. This revised bill is meaningful in that it is the first amendment to reflect economic circumstances developed rapidly of China since the enactment of the 1993 Act. It is also a result of resolving conflicts with other laws and modifying it based on judgements made by the Supreme People s Court. First, It includes revisions about the definition of “unfair competition behavior”, newly established provision supplement Article 2 General provision, and applicable provisions for coping with the rapidly changing environment. Second, Chapter 2, it separates the types of unfair competition practices that frequently occurred in the internet sector and adds new types of unfair competiton practies, and the law also extends its scope to include former and current employees. Third, the regulations of exclusive dealing by public utilities, abuse of administrative power, bid-rigging were removed to avoid duplication with the Anti-trust law, and a provision reflecting the relationship with the “General Civil Law” enactied in March 2017 was newly established. Forth, the penalty through administrative execution was increased to increase effectiveness of this law. The amended bill is still required to improve completeness, Practicability and rationality of portions of it. Since the “revised draft” published on February 22, 2017 also has room for remodification reflecting the acceptance opinions, companies operating in China should continuously observe changes in the revised contents.