Types of unfair competition 1. Confusion behavior Confusion behavior refers to the behavior that operators make false representations, explanations or promises to their own goods or services by various false means in market operation activities, or improperly use the intellectual labor achievements of others to publicize their own goods or services, mislead users or consumers, disrupt market order, and harm the interests of competitors or consumers in the same industry. 2. False propaganda 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. Selling goods by advertising or other means is the most common means of promotion in modern society. However, all kinds of false advertisements and other false propaganda, or misleading people, are harmful to socialist spiritual civilization; Or directly mislead users and consumers to make wrong consumption decisions, causing a lot of social problems; Or infringe upon the legitimate interests of other operators, especially competitors in the same industry, resulting in confusion in the order of fair competition. Both the Advertising Law and the Anti-Unfair Competition Law stipulate such acts as illegal acts that must be prohibited. Article 9 of the Anti-Unfair Competition Law stipulates that business operators shall not make misleading false propaganda on the quality, composition, performance, use, producer, expiration date and place of origin of goods by advertising or other methods. Advertising agents shall not act as agents, design, produce or publish false advertisements that they know or should know. Article 3 of the Advertising Law stipulates that advertisements should be true and lawful and meet the requirements of socialist spiritual civilization construction. Article 4 stipulates that advertisements shall not contain false contents and shall not deceive or mislead consumers. 3. Commercial Bribery Commercial bribery refers to the behavior that the operator secretly gives property or other benefits to the relevant personnel of the counterparty or other relevant personnel who can influence the transaction in order to win the trading opportunity. There are countless forms of commercial bribery. For a long time in China, it was very common to strive for trading opportunities in the name of kickbacks, discounts, commissions, consulting fees and referral fees. How to judge whether it is illegal or not, we must take the law as the standard, analyze its essential characteristics and draw a correct conclusion. Article 8 of the Anti-Unfair Competition Law stipulates that business operators shall not bribe the sale or purchase of goods by property or other means. Whoever secretly gives kickbacks to the other unit or individual outside the account shall be punished as bribery; Other units or individuals who secretly accept kickbacks outside the account shall be punished as accepting bribes. When a business operator sells or buys goods, he can give the other party a discount and a commission to the middleman in an express way. If the operator gives the other party a discount or a commission to the middleman, it must be truthfully accounted for. Operators who accept discounts and commissions must keep accounts truthfully. 4. The concept of infringing trade secrets. Trade secrets refer to technical and commercial information that is unknown to the public, can bring economic benefits to the obligee, is practical, and is kept confidential by the obligee. The right of trade secret is the result of the obligee's labor, and the right of trade secret is an intangible property right owned by the obligee. It is very necessary for the anti-unfair competition law to prohibit infringement of trade secrets as unfair competition. Trade secrets are different from patents and registered trademarks. They can be owned and used by multiple obligees at the same time, as long as the means of acquisition and use are legal. For example, independent research and development, or deciphering other people's trade secrets through reverse engineering. Infringe on business secrets. Infringement of trade secrets refers to the act of obtaining, disclosing and using other people's trade secrets by improper means. Article 10 of the Anti-Unfair Competition Law and Several Provisions on Prohibiting Infringement of Trade Secrets issued by the State Administration for Industry and Commerce (1 995165438+123 October) point out that business operators shall not infringe trade secrets by the following means: (123 October) (2) disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph; Including: disclosing, using or allowing others to obtain the trade secrets of the obligee by previous means; To disclose, use or allow others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee to keep the business secrets. (3) According to the law and contract, people who have the obligation to keep business secrets (including units and individuals who have business dealings with the obligee and employees who work in the obligee's unit) disclose, use or allow others to use the business secrets they have. If a third party knows or should know the illegal acts listed in the preceding paragraph and obtains, uses or discloses other people's business secrets, it shall be regarded as infringement of business secrets. In practice, the behavior of the third party may constitute the same tort as the infringer. 5. Dumping at a low price Dumping at a low price means that the operator sells goods at a price lower than the cost for the purpose of crowding out competitors. Low-price dumping violates the survival principle and value law of enterprises, which often leads to vicious competition events such as price war, the closure of small and medium-sized enterprises and even the serious consequences of the shrinking of the whole industry. From 65438 to 0998, dairy merchants in Shanghai market dumped at low prices to compete for the market, which led to the loss-making operation of the industry and was unbearable. After that, the relevant government departments intervened according to law, which brought the competition order of the milk market back to the right track. In order to nip in the bud, both the Anti-Unfair Competition Law and the Price Law prohibit operators from selling goods at a price lower than the cost price, so as to attack competitors. Article 1 1 of the Anti-Unfair Competition Law stipulates that an operator shall not sell goods at a price lower than the cost for the purpose of crowding out competitors. Article 14 of the Price Law stipulates that an operator shall not dump at a price lower than the cost in order to crowd out competitors or monopolize the market, thus disrupting the normal production and operation order and harming the national interests or the legitimate rights and interests of other operators. If the goods are sold below the cost price for special reasons, it does not constitute low-price dumping. In this regard, Article 1 1 of the Anti-Unfair Competition Law lists four exceptions: (1) selling fresh goods; (two) to deal with the expiration of the effective period of goods or other backlog of goods; (3) seasonal price reduction; (4) Selling goods at reduced prices due to paying off debts, changing production or suspending business. 6. Unfair prize-winning sales Unfair prize-winning sales refer to the behavior that operators actually take deception or other improper means to harm the interests of users and consumers or damage the legitimate rights and interests of other operators in the name of providing rewards (including money, objects and additional services). ) When selling goods or providing services. Bonus sales is an effective promotion method, which can be roughly divided into two ways: one is bonus sales for all buyers, and the other is lottery sales for some buyers. The law does not prohibit all sales with prizes, but only 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 kinds of prize-winning sales by enumerating. The State Administration for Industry and Commerce 1 99365438+Several Provisions on Prohibiting Unfair Competition in Bonus Sales Activities on February 9 detailed Article 13, prohibiting the sale of prizes in the following ways: (1) falsely claiming that there is a prize sale, or regarding the types of prizes established, winning probability, maximum prize amount, total amount and prizes. (two) deliberately let the default personnel win the prize by improper means; (3) Deliberately not putting commodities and lottery tickets with winning marks on the market or not putting them on the market at the same time, or deliberately putting commodities and lottery tickets with different bonus amounts or winning marks on the market at different times; (four) lottery sales with prizes, with the maximum prize amount exceeding 5,000 yuan (if non-cash items or other economic benefits are used as rewards, the amount will be converted according to the normal price of similar goods or services in the market at the same period); (five) the use of prize-winning sales means to promote high quality and low price goods; (6) Other fraudulent sales with prizes. 7. Goodwill denigrate goodwill refers to the behavior of operators to fabricate and spread false facts, damage the business reputation and commodity reputation of competitors, and then weaken their competitiveness. Goodwill is a comprehensive and positive evaluation of the reputation of market operators by the public. It is the operator's long-term pursuit, deliberate creation and investment of certain money, time and energy. Good reputation itself is a huge intangible wealth. In economic activities, it finally returns to its owner through tangible forms (such as sales and profits). The law respects and protects the goodwill gained through active labor, and severely punishes acts that infringe on the goodwill of competitors by unfair means. Article 14 of the Anti-Unfair Competition Law stipulates that business operators shall not fabricate or spread false facts to damage the business reputation and commodity reputation of competitors. The above is what Bian Xiao has compiled for you. If businesses engage in unfair competition, they will be subject to administrative punishment and bear civil liability for compensation. Those who constitute a crime will be investigated for criminal responsibility. If your situation is complicated, the website also provides online consultation service for lawyers, and you are welcome to have legal consultation.

Legal objectivity:

Unfair competition behavior refers to the behavior of operators competing with other operators in market competition by means and methods that violate the law or the recognized business ethics. Improper sales with prizes refers to the behavior that operators actually take deception or other improper means to harm the interests of users and consumers or the legitimate rights and interests of other operators in the name of providing rewards (including money, commodities and additional services). ) When selling goods or providing services. Bonus sales is an effective promotion method, which can be roughly divided into two ways: one is bonus sales for all buyers, and the other is lottery sales for some buyers. The law does not prohibit all sales with prizes, but only 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 kinds of prize-winning sales by enumerating. The State Administration for Industry and Commerce 1 99365438+Several Provisions on Prohibiting Unfair Competition in Bonus Sales Activities on February 9 detailed Article 13, prohibiting the sale of prizes in the following ways: (1) falsely claiming that there is a prize sale, or regarding the types of prizes established, winning probability, maximum prize amount, total amount and prizes. (two) deliberately let the default personnel win the prize by improper means; (3) Deliberately not putting commodities and lottery tickets with winning marks on the market or not putting them on the market at the same time, or deliberately putting commodities and lottery tickets with different bonus amounts or winning marks on the market at different times; (four) lottery sales with prizes, with the maximum prize amount exceeding 5,000 yuan (if non-cash items or other economic benefits are used as rewards, the amount will be converted according to the normal price of similar goods or services in the market at the same period); (five) the use of prize-winning sales means to promote high quality and low price goods; (6) Other fraudulent sales with prizes. The main points of improper sales with prizes are as follows: (1) The main body of improper sales with prizes is the operator. Article 13 of the Anti-Unfair Competition Law and Order 19 of the State Administration for Industry and Commerce are not applicable to the prize-winning fund-raising and lottery sales activities approved by the government and relevant government departments. (2) The business operator conducts unfair sales with prizes prohibited by law. Such as deceptive sales with prizes or sales with prizes. (3) The purpose of unfair sales with prizes is to compete for customers, expand market share and crowd out competitors. According to the provisions of Article 26 of the Anti-Unfair Competition Law, if an operator violates the provisions of Article 13 of the Law by selling with prizes, the supervision and inspection department shall order him to stop the illegal act, and may impose a fine ranging from 6,543.8+0,000 yuan to 6,543.8+0,000 yuan according to the circumstances. If a party is infringed by unfair competition in prize-winning sales activities, he may bring a compensation lawsuit to the people's court according to the provisions of Article 20 of the Anti-Unfair Competition Law.