Pricing law overhaul to ensure fair competition

    Draft amendment comes as China confronts reality of cutthroat competition, where companies often slash prices below cost to gain market share

    By CHENG YU | China Daily | Updated: 2025-09-01 09:10
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    Visitors experience artificial intelligence photo-taking during Global Digital Economy Conference in Beijing on July 2. CHEN XIAOGEN/FOR CHINA DAILY

    "Selling below cost is a malignant form of involution. When it spreads, it erodes profit margins, drives more firms into losses and makes it harder to stabilize production or create jobs. It even hurts household income growth, particularly for low- and middle-income earners."

    At the heart of the amendment are tougher and clearer rules on predatory pricing. The current law, experts said, applies only to goods and to sellers.

    The revision, in particular, would broaden its reach to cover services and extend liability to third parties such as online platforms that set pricing rules.

    The revised Article 14, for instance, seeks to ban operators from selling goods or services below cost for the purpose of "crowding out competitors or monopolizing the market", unless there are legitimate reasons such as clearance of perishable, seasonal or overstocked items. It also specifies that platforms cannot force other operators to price below cost.

    Han Wei, an associate professor at the Law School of the University of Chinese Academy of Social Sciences, said, "The wording distills the essence of predatory pricing into two elements: the means, which is below-cost pricing, and the purpose, which is exclusion or monopoly."

    Han added that including services and platforms into the amended law closes regulatory gaps. "It's especially important for sectors like food delivery, ride-hailing or online retailing, where platforms sometimes compel merchants to follow their rules, forcing them into loss-making price battles."

    China is strengthening oversight of what it describes as involution-style competition, or cutthroat competition, and is aiming to foster a market that rewards quality and innovation while promoting healthier, more sustainable industrial development.

    The 2025 Government Work Report released in March vowed to take comprehensive steps to address intense competition or cutthroat competition.

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