Types of Unfair Competition1.Confusing BehaviorConfusing Behavior refers to operators who, in the market business activities, use all kinds of untruthful methods to make false representations, descriptions or promises for their own commodities or services, or improperly utilize the intellectual labor achievements of other people to promote their own commodities or services, so as to make the users or the consumers misunderstand, disturb the market order, and damage the interests of competitors or consumers. 2. False propaganda false propaganda behavior refers to the use of advertising and other methods, the quality of the product, performance, composition, use, origin and other misleading false propaganda. Advertising or other ways to sell goods is the most common means of promotion in modern society. However, all kinds of false advertisements and other false propaganda, or confuse people's eyes and ears, harmful to the socialist spiritual civilization; or directly mislead the users and consumers, so that they make the wrong consumer decisions, which caused a large number of social problems; or infringe on the legitimate interests of other operators, especially competitors in the same industry, resulting in the disruption of the order of fair competition. Both the Advertising Law and the Anti-Unfair Competition Law regulate such behaviors as prohibited offenses. Article 9 of the Anti-Unfair Competition Law stipulates that operators shall not utilize advertisements and other methods to make misleading and false propaganda about the quality, composition, performance, use, producer, expiration date and place of origin of goods. Operators of advertisements shall not represent, design, produce, or publish false advertisements knowingly or should knowingly. Article 3 of the Advertising Law stipulates that advertisements shall be truthful and lawful, and conform to the requirements of socialist spiritual civilization. Article 4 stipulates that advertisements shall not contain false content, and shall not deceive and mislead consumers.3. Commercial BriberyCommercial bribery refers to the behavior of an operator who, for the purpose of securing a trading opportunity, secretly gives property or other benefits to the relevant personnel of the other party to the transaction, or to other relevant personnel who can influence the transaction. There are countless forms of commercial bribery. For quite a long time in China, the phenomenon of striving for trading opportunities in the name of kickbacks, discounts, commissions, consulting fees, introduction fees, etc. is very common, and how to judge whether it is illegal or not, we have to take the law as the standard and analyze its substantive features in order to draw the correct conclusion. Article 8 of the Anti-Unfair Competition Law stipulates that operators shall not use property or other means to bribe in order to sell or purchase goods. If the operator secretly gives rebates to the other unit or individual off the books, the operator shall be punished as bribery; if the other unit or individual secretly receives rebates off the books, the operator shall be punished as bribery. The operator sells or buys goods, can expressly give discounts to the other party, can give commission to the intermediary. Operators to give each other discounts, commissions to intermediaries, must be truthfully accounted for. Receive discounts, commissions, the operator must be truthfully accounted for. 4, infringement of trade secrets the concept of trade secrets. Trade secrets are not known to the public, can bring economic benefits for the right, with practical and confidentiality measures taken by the right to technical information and business information. Trade secret right is the crystallization of the fruits of the labor of the right holder, trade secret right is an intangible property right owned by the right holder, the unfair competition law will infringe on trade secrets as unfair competition to be prohibited is very necessary. Trade secrets are different from patents and registered trademarks, it can be more than one right subject at the same time have and use, as long as the acquisition and use of legal means. Such as independent research and development, or through reverse engineering deciphering other people's trade secrets. Infringement of trade secrets. Infringement of trade secrets refers to the improper means of obtaining, disclosure, use of other people's trade secrets. Article 10 of the Anti-Unfair Competition Law and the Several Provisions of the State Administration for Industry and Commerce on the Prohibition of Infringing on Trade Secrets (issued on November 23, 1995) state that operators shall not use the following means to infringe on trade secrets: (1) acquiring the right holder's trade secrets by theft, enticement, duress, or other improper means; (2) disclosing, using, or permitting others to use the trade secrets acquired by the previous means; (3) using the right holder's trade secrets to obtain the right holder's trade secrets, or allowing others to use the right holder's trade secrets through reverse engineering, or deciphering others through reverse engineering. Obtained by the right holder's trade secrets; including: disclosure, use or allow others to use the previous means of obtaining the right holder's trade secrets; violation of the agreement or violation of the right holder's requirements for the preservation of trade secrets, disclosure, use or allow others to use the trade secrets in their possession. (3) according to the law and the contract, the obligation to keep trade secrets of the person (including the right to have a business relationship with the unit, individual, in the right to the unit of the employee) to disclose, use or allow others to use the trade secrets in their possession. The third party knows or should know the illegal behavior listed in the preceding paragraph, access, use or disclosure of other people's trade secrets, as infringement of trade secrets. In practice, the behavior of the third party and the infringer may constitute *** with infringement. 5, low price dumping low price dumping behavior refers to the operator to crowd out competitors for the purpose of selling goods at a price below cost. Low-price dumping against the principle of survival and the law of value, in the market competition often triggers price wars, small and medium-sized enterprises have closed down and other vicious competition events, and even lead to the serious consequences of industry-wide shrinkage. 1998, the Shanghai market milk distributors to compete for the market low-priced dumping, resulting in the industry loss-making operations, unsupportable is clear evidence of this. After the relevant government departments intervened in accordance with the law, so that the milk market competition order back on the right track. As a precautionary measure, both the Anti-Unfair Competition Law and the Price Law prohibit operators from selling goods below cost in order to combat competitors. Article 11 of the Anti-Unfair Competition Law stipulates that operators shall not sell goods at a price below cost for the purpose of crowding out competitors. Article 14 of the Price Law stipulates that operators shall not, for the purpose of crowding out competitors or monopolizing the market, dump goods at below-cost prices, disrupt the normal order of production and operation, and harm the interests of the State or the legitimate rights and interests of other operators. If goods are sold below cost for special reasons, it does not constitute low price dumping. In this regard, Article 11 of the Anti-Unfair Competition Law lists four exemptions: (1) selling fresh goods; (2) dealing with goods whose expiration date is about to expire or other goods in backlog; (3) seasonal price reduction; and (4) selling goods at a reduced price due to the liquidation of debts, change of production, or closure of a business.6. Improper Prize SalesImproprietary prize sales refer to the sale of goods or the provision of services by an operator with the purpose of providing incentives (including money, in kind, additional services, etc.) to the operator. Including money, in kind, additional services, etc.) in the name of deception or other improper means to the detriment of the interests of users, consumers, or to the detriment of the legitimate rights and interests of other operators. Prize sales are an effective means of promotion, which can be broadly categorized into two types: one is a complimentary type of prize sales that rewards all purchasers, and the other is a lottery type of prize sales that rewards some purchasers. The law does not prohibit all sales with prizes, but only prohibits sales with prizes that may cause adverse consequences and undermine competition rules. Article 13 of the Anti-Unfair Competition Law prohibits operators from engaging in three types of prize sales by way of enumeration. The State Administration for Industry and Commerce (SAIC)'s Regulations on Prohibiting Unfair Competitive Behavior in Prize-Selling Activities of December 9, 1993, refined Article 13 to prohibit prize-selling in the following ways: (1) Falsely claiming that there are prizes to be sold or making false and inaccurate representations as to the types of prizes to be awarded, the probability of winning, the maximum prize amount, the total amount, the types of prizes, their quantities, qualities, and methods of providing them, and so on; and (2) Adopting improper means to intentionally allow the insider to win the prize; (3) Intentionally not placing the goods or raffle tickets with the winning mark on the market or not placing them at the same time as the goods or raffle tickets, or intentionally placing the goods or raffle tickets with different prize amounts or prize marks on the market at different times; (4) Raffle-type sales with prizes, where the maximum prize exceeds the amount of 5,000 yuan (in the form of non-cash goods or other economic benefits as a Reward, in accordance with the normal price of similar goods or services in the market during the same period of its amount); (5) the use of prize sales to promote low-quality goods at a high price; (6) other deceptive sales of prizes. 7, defamation of goodwill defamation of goodwill refers to the operator to fabricate, disseminate false facts, damage to the competitor's business reputation, reputation of the goods, so as to weaken the competitiveness of the behavior. Goodwill is a comprehensive and positive evaluation of the public's reputation of market business entities. It is the operator's long-term efforts to pursue, deliberately create, and invest a certain amount of money, time and energy to obtain. Goodwill itself is a huge intangible wealth. In economic activities, and ultimately through the tangible form (such as sales, profits) to return to its owner. The law respects and protects goodwill acquired through active labor, and severely sanctions the infringement of competitors' goodwill by unfair means. Article 14 of the Anti-Unfair Competition Law stipulates that operators shall not fabricate or disseminate false facts in order to damage the business reputation and goodwill of competitors. The above is the content of the editorial for you to organize, if the businessmen have unfair competition behavior, is required to be subject to administrative penalties, at the same time need to bear the civil liability, constitutes a crime, will also be held criminally responsible. If your situation is more complex, the network also provides lawyers online consulting services, you are welcome to legal advice.
Legal objective:Unfair competition refers to the operator in the market competition, to take illegal or contrary to the recognized business ethics of the means and methods, and other operators to compete with the behavior. Improper prize sales refers to the behavior of operators in the sale of goods or the provision of services, in the name of providing incentives (including money, in-kind, additional services, etc.), but in fact take deception or other improper means to harm the interests of users and consumers, or to harm the legitimate rights and interests of other operators. Prize sales are an effective means of promotion, which can be broadly categorized into two types: one is the attached prize sales rewarding all purchasers, and the other is the lottery prize sales rewarding some purchasers. The law does not prohibit all sales with prizes, but only prohibits sales with prizes that may cause adverse consequences and undermine competition rules. Article 13 of the Anti-Unfair Competition Law prohibits operators from engaging in three types of prize sales by way of enumeration. The State Administration for Industry and Commerce (SAIC)'s Regulations on Prohibiting Unfair Competitive Behavior in Prize-Selling Activities of December 9, 1993, refined Article 13 to prohibit prize-selling in the following ways: (1) Falsely claiming that there are prizes to be sold or making false and inaccurate representations as to the types of prizes to be awarded, the probability of winning, the maximum prize amount, the total amount, the types of prizes, their quantities, qualities, and methods of providing them, and so on; and (2) Adopting improper means to intentionally allow the insider to win the prize; (3) Intentionally not placing the goods or raffle tickets with the winning mark on the market or not placing them at the same time as the goods or raffle tickets, or intentionally placing the goods or raffle tickets with different prize amounts or prize marks on the market at different times; (4) Raffle-type sales with prizes, where the maximum prize exceeds the amount of 5,000 yuan (in the form of non-cash goods or other economic benefits as a Reward, in accordance with the normal price of similar goods or services in the market during the same period of its amount); (5) the use of prize sales to promote low-quality goods at a high price; (6) other deceptive prize sales behavior. Improper prize sales behavior points are as follows: (1) the main body of improper prize sales is the operator. The prize fund-raising and its lottery ticket offering activities approved by the government and relevant government departments by relevant organizations and groups are not applicable to Article 13 of the Anti-Unfair Competition Law and Decree No. 19 of the State Administration for Industry and Commerce. (2) The operator has committed unfair prize-selling behaviors prohibited by law. Such as deceptive prize sales or mega-prize sales. (3) The operator implements unfair prize sales with the purpose of competing for customers, expanding market share and crowding out competitors. According to Article 26 of the Anti-Unfair Competition Law, if an operator engages in prize sales in violation of Article 13 of the Law, the supervisory and inspection authorities shall order the cessation of the illegal conduct and may impose a fine of not less than 10,000 yuan but not more than 100,000 yuan depending on the circumstances. If the parties concerned are aggrieved by the unfair competition in the prize sale activities, they may sue the people's court for compensation in accordance with the provisions of Article 20 of the Anti-Unfair Competition Law.