It is illegal to brush the click rate of web pages. The click-through rate is officially forbidden. Brushing data is nothing more than deceiving investors, advertisers, consumers and platforms. This is undoubtedly illegal. There are interests and victims behind, and their actions are suspected of illegal business operation, unfair competition, fraud, etc.

1. What are the criteria for determining unfair competition in China?

According to the standard of unfair competition, the subject is the operator and the purpose is market competition. The behavior violates the principle of good faith and recognized business ethics, and the consequence is to damage the legitimate interests of many parties. The second chapter of China's Anti-Unfair Competition Law lists seven acts of unfair competition, including market confusion, commercial bribery, misleading false propaganda, infringement of trade secrets, low-price dumping, sales with prizes in violation of regulations, and commercial slander. Its specific manifestations and identification methods are listed as follows.

Second, the identification of confusing behavior

Confusion behavior refers to the behavior that operators make false representations, explanations or promises about their own goods or services in various false ways in market operation activities, or improperly use other people's intellectual labor achievements to publicize their own goods or services, so as to make users or consumers misunderstand, disrupt market order and harm the interests of competitors or consumers in the same industry. Only those who have the following characteristics constitute confusion:

1. The actor is an operator engaged in market trading activities.

2. Subjective intention. Confusion is generally counterfeit goods with good quality, high popularity and large market sales. Its essence is to rob others of their business advantages and infringe on intangible assets formed by others for a long time. Therefore, confusion is a deliberate act of unfair competition.

3. It is specific. Because confusion is a plunder of commercial advantages in the market, confusion always occurs in specific operators with market advantages and their specific commodities.

4. misleading. Confucianism doesn't want to engage in market transactions in its true identity. The purpose of their confusion behavior is to confuse or misunderstand the goods or services provided by the counterparty, so as to accept their goods or services and gain a competitive advantage.

Third, the determination of commercial bribery

Commercial bribery refers to the behavior that the operator secretly gives property or other benefits to the relevant personnel of the counterparty and other relevant personnel who can influence the transaction in order to win the trading opportunity. Only those who have the following characteristics constitute commercial bribery:

1. The subject of commercial bribery is the operator, either the buyer or the seller;

2. Commercial bribery is subjective and intentional, with the purpose of striving for trading opportunities and trading conditions;

3. The objective aspect is to pay property or other remuneration by secret means;

4. The object of commercial bribery is the fair competition right of other operators.

Four, the identification of false propaganda behavior

False propaganda refers to the misleading false propaganda made by operators on the quality, performance, composition, use and origin of products by means of advertisements. Only those who have the following characteristics constitute false propaganda:

1. The main actors are advertisers, advertising agents and publishers.

2. The content is untrue. Advertising content fails to introduce the situation of goods or services truly and objectively, that is, the advertising content is obviously inconsistent with the actual situation of goods or services.

3. Deception by means. False advertisements deliberately deceive or mislead consumers by fabricating facts and concealing the truth, so that they have a wrong understanding, and then buy the goods they advertise or accept the services they advertise.

Determination of verb (abbreviation of verb) infringing on trade secrets

The crime of infringing on trade secrets refers to the act of disclosing and using other people's trade secrets by improper means. Only those who have the following characteristics constitute false propaganda:

1. Business secrets that meet the legal conditions do exist.

2. Objectively, the actor has infringed on the business secrets of others.

3. The act of obtaining, disclosing and using other people's business secrets by illegal means has brought or may bring harmful consequences to the obligee.

Determination of low-price dumping of intransitive verbs

Low-price dumping is the behavior of operators to sell goods at a price lower than the cost for the purpose of crowding out competitors.

Only those with the following characteristics can constitute low-price dumping:

1. Actors can only be operators in the seller's position.

The purpose of dumping is to crowd out competitors and occupy the market.

3. Objectively speaking, people do sell at a low price, that is, the price of the goods sold is lower than the cost price.

4. Judging from the results of unfair price reduction sales, the actor's implementation of price reduction sales will inevitably lead to the damage of other competitors with weak economic strength.

Seven, the identification of improper behavior of sales with prizes.

Unfair sales with prizes refers to the unfair competition behavior of operators who use material, money or other economic benefits to lure buyers to trade with them and crowd out competitors in violation of the principles of good faith and fair competition. Only those who have the following characteristics constitute unfair sales with prizes:

1. The main body of unfair sales with prizes is the operator.

2. The operator has conducted unfair sales with prizes prohibited by law.

3. Operators implement unfair sales with prizes to compete for customers, expand market share and crowd out competitors.

Eight. Identification of denigrating competitors' business reputation

Defaming competitors' goodwill refers to the behavior that operators fabricate and spread false facts, which damages competitors' business reputation and commodity reputation, thus weakening competitiveness and gaining competitive advantage for themselves. Only people with the following characteristics constitute a slander on the business reputation of competitors:

1. The actor is the operator in the market operation activities, and other operators who are instructed by him to engage in acts of defaming goodwill may constitute joint infringers.

2. The operator has carried out the act of defaming goodwill.

3. The operator slanders other competitors with the purpose of slandering the goodwill of the other party, and the subjective mentality is intentional.

legal ground

Article 225 of the Criminal Law of People's Republic of China (PRC), whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:

(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;

(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;

(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;

(four) other illegal business activities that seriously disrupt the market order.

People's Republic of China (PRC) (China) Anti-unfair Competition Law

Article 2 Operators shall follow the principles of voluntariness, equality, fairness, honesty and credibility, and abide by laws and business ethics in their production and business activities. Unfair competition as mentioned in this Law refers to the acts of business operators in violation of the provisions of this Law, disrupting the order of market competition and harming the legitimate rights and interests of other business operators or consumers. Operators mentioned in this Law refer to natural persons, legal persons and unincorporated organizations engaged in the production, operation or provision of services (hereinafter referred to as commodities, including services).

Article 3 People's governments at all levels shall take measures to stop unfair competition and create a good environment and conditions for fair competition. The State Council has established a coordination mechanism against unfair competition, studied and decided on major policies against unfair competition, and coordinated and handled major issues in maintaining market competition order.