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Back金观平:依法依规治理低价无序竞争
金观平:依法依规治理低价无序竞争
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中国新闻网1 hour agoLaw4 min readChinaView translation

金观平:依法依规治理低价无序竞争

价格法律体系适应新形势迈出重要一步,将为整治“内卷式”竞争、维护公平竞争市场秩序提供更坚实法治依据

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国务院常务会议原则通过《中华人民共和国价格法(修正草案)》,提出依法依规治理低价无序竞争。文章阐述了治理低价无序竞争的核心意义、近年来治理成效、修正草案的主要内容以及配套规则和平台经济监管的要求,旨在引导市场从“拼低价”转向“拼价值、拼创新、拼服务”。

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Why It Matters

国务院常务会议近期讨论并原则通过《中华人民共和国价格法(修正草案)》,提出依法依规治理低价无序竞争。近年来,全国统一大市场建设、平台经济专项整治等治理举措稳步落地,取得阶段性成效。

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近期召开的国务院常务会议讨论并原则通过《中华人民共和国价格法(修正草案)》,并提出要依法依规治理低价无序竞争。这标志着价格法律体系适应新形势迈出重要一步,将为深入整治“内卷式”竞争、维护公平竞争市场秩序提供更坚实的法治依据。

治理低价无序竞争,核心不是反对降价、否定物美价廉,而是要依法依规制止以排挤对手、独占市场为目的,不计成本的恶性竞争行为。一段时期以来,部分领域出现同质化低价内卷,少数经营主体依托资金、流量优势,持续以低于成本的价格抢占市场;一些平台依靠算法规则、流量分配机制,强制商家参与最低价竞争、自动比价跟价。价格信号一旦失真,市场优胜劣汰机制就会失灵:踏实做技术、提品质的企业利润被持续挤压,无力投入创新升级;行业陷入拼补贴、拼低价的循环,长期发展动能受损。恶性低价竞争也损害消费者长远权益,看似买到低价商品,实则伴随品质缩水、售后弱化,影响使用体验。规范低价无序竞争,本质上是校正市场失灵,守住公平竞争底线,引导从“拼低价”转向“拼价值、拼创新、拼服务”。

近年来,一系列治理举措稳步落地,取得阶段性成效。制度层面,全国统一大市场“四梁八柱”基本建立,妨碍企业公平准入与自主经营、限制商品要素自由流动、设置招投标隐性壁垒等堵点加快破除,公平竞争市场秩序持续巩固。执法层面,监管部门聚焦平台经济、民生、科技创新等重点领域开展专项整治,查办一批不正当价格竞争典型案件,对低价倾销、价格胁迫形成有力震慑,行业合规意识明显提升。市场层面,部分前期深度“内卷”的行业逐步走出单纯价格战,盈利空间有所修复,不少企业把资源重新投向技术迭代、品质升级,优质优价的市场认知正在重建。实践证明,治理不是“一管就死”,而是为良性竞争清障,给潜心创新的企业留出生存成长空间。

《修正草案》适应新形势新变化,进一步健全了价格治理机制,完善了政府定价程序,明确了不正当价格行为认定标准和法律责任。法治框架的不断完善,意味着治理低价无序竞争进入常态化、精细化新阶段,下一步要坚持法治引领、系统施策,把制度优势转化为治理效能。

依法依规治理低价无序竞争,健全行业成本调查、制止低价倾销等配套规则必不可少。价格监管不能只看表面标价,更要穿透核查成本构成与定价依据,区分正常让利促销与恶意低价倾销:企业基于技术进步、效率提升带来的降价,是市场活力的体现;不计成本、以排挤竞争对手为目的的低价倾销,则会破坏产业生态,最终损害消费者长期利益。配套规则的完善,正是为了划清边界,既不干预企业正常经营定价,又能精准遏制恶性竞争。

与此同时,要持续规范平台经济领域价格竞争行为。线上交易传播快、覆盖面广,平台内的低价“内卷”更容易快速扩散,甚至引发全行业跟风压价。监管要立足平台场景,压实平台主体责任,规范相关价格行为。监管之外,更要坚持监管规范和促进发展并重,引导企业把重心放在技术创新、服务提质上,依靠价值创造获得市场回报。行业协会要发挥桥梁作用,完善自律公约,引导形成理性竞争共识。

价格机制是市场机制的核心。随着价格法治体系持续完善,监管更加精准有度,公平有序的市场环境将不断成熟,让守法经营、创新创优的主体有回报、有空间,让价格真正反映成本、供求与价值,持续激发市场活力,为经济高质量发展注入持久动力。(本文来源:经济日报 作者:金观平)

What to Watch

AI outlook — possibilities, not facts

  • 价格法修正草案将进一步完善价格治理机制,治理低价无序竞争进入常态化、精细化新阶段。

    Likely · Within months

  • 行业成本调查、制止低价倾销等配套规则将陆续完善。

    Likely · Within months

Open Questions

  • 价格法修正草案的具体修订内容和立法时间表是什么?
  • 行业成本调查、制止低价倾销等配套规则何时出台?
  • 平台经济领域价格竞争行为将如何具体监管?

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