The Supreme People's Court ("SPC") recently issued the Interpretations on Several Issues Concerning the Application of the Anti-Unfair Competition Law of the People's Republic of China (Draft for Comment) (the "Draft for Comment") to solicit public comments by September 19, 2021.

The Draft for Comment sets out the interpretations on relevant provisions in Articles 2, 6, 8, 11 and 12 of the Anti-Unfair Competition Law. Among others, the Draft for Comment specifies that a target jump directly occurring without consent of other operators and the users will be deemed by the court to have constituted "compelling a target jump" stipulated in Item 1 Paragraph 2 Article 12 of the Anti-Unfair Competition Law. The Draft for Comment also makes clear that if an operator, in breach of the honesty and integrity principle and business ethics, and without authorization, uses any data with commercial value that are lawfully collected by another operator upon its users' consent, and is capable of materially replacing another operator in the provision of relevant products or services, thus harming the market order of fair competition, the court may determine that such act has constituted the act as specified in Item 4 Paragraph 2 Article 12 of the Anti-Unfair Competition Law.

(Source: Supreme People's Court)