Article 1 This law is formulated to ensure the healthy development of the socialist market economy, encourage and protect fair competition, prevent unfair competition, and protect the legitimate rights and interests of operators and consumers.

Article 2: Operators shall abide by the principles of voluntariness, equality, fairness, good faith and generally accepted business ethics in market transactions. Unfair competition as mentioned in this Law refers to the behavior of operators that violate the provisions of this Law, harm the legitimate rights and interests of other operators, and disrupt the social and economic order. Operators as mentioned in this Law refer to legal persons, other economic organizations and individuals engaged in commodity operations or profit-making services (hereinafter referred to as commodities include 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 industrial and commercial administrative departments of the people's governments at or above the county level shall supervise and inspect unfair competition; where laws and administrative regulations provide for supervision and inspection by other departments, such provisions shall apply.

Article 4 The state encourages, supports and protects all organizations and individuals to conduct social supervision of unfair competition. State agency staff shall not support or cover up unfair competition. Article 5 Operators shall not use the following unfair means to engage in market transactions and harm competitors:

(1) Counterfeiting other people’s registered trademarks;

(2) Using trademarks unique to well-known products without authorization The name, packaging, and decoration of the product, or the use of a name, packaging, and decoration that is similar to that of a well-known product, causing confusion with other people's well-known products and causing buyers to mistake them for the well-known products;

(3) Without authorization Use other people's business names or names to cause people to mistake them for other people's goods;

(4) Forge or impersonate quality marks such as certification marks, famous and high-quality marks on goods, forge the place of origin, and falsify the quality of goods. Misleading false representation.

Article 6 Public utility enterprises or other operators with an exclusive position according to law shall not restrict others from purchasing the commodities of their designated operators in order to exclude other operators from fair competition.

Article 7 The government and its departments shall not abuse administrative power to restrict others from purchasing the commodities of its designated operators or restrict the legitimate business activities of other operators. The government and its departments shall not abuse administrative power to restrict foreign goods from entering the local market, or the flow of local goods to foreign markets.

Article 8 Operators shall not use property or other means to bribe to sell or purchase goods. Those who secretly give kickbacks to other units or individuals outside the accounts shall be punished as bribes; those who secretly accept kickbacks from the other units or individuals outside the accounts shall be punished as accepting bribes. When an operator sells or purchases goods, he or she may give discounts to the other party in an explicit manner and may pay commission to the intermediary. If an operator gives discounts to other parties or commissions to intermediaries, they must be truthfully recorded in the accounts. Operators who accept discounts and commissions must truthfully record them in their accounts.

Article 9 Operators shall not use advertisements or other methods to make misleading and false propaganda about the quality, ingredients, performance, uses, producers, expiration dates, origins, etc. of goods. Advertising operators shall not act as agents, design, produce, or publish false advertisements without knowing or should have known.

Article 10 Operators shall not use the following means to infringe on business secrets:

(1) Obtain the business secrets of the obligee through theft, inducement, coercion or other unfair means;

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(2) Disclose, use or allow others to use the means mentioned in the preceding paragraph to obtain the obligee’s business secrets;

(3) Violate the agreement or the obligee’s requirements for keeping business secrets, disclose, Use or allow others to use trade secrets in their possession. If a third party knowingly or should have known about the illegal acts listed in the preceding paragraph obtains, uses or discloses the business secrets of others, it shall be deemed as infringement of business secrets. The term "trade secrets" as mentioned in this article refers to technical information and business information that is not known to the public, can bring economic benefits to the right holder, is practical, and has been kept secret by the right holder.

Article 11 Operators shall not sell goods at a price lower than cost for the purpose of squeezing out competitors. Any of the following circumstances does not constitute improper behavior:

(1) Selling fresh goods:

(2) Dealing with goods whose validity period is about to expire or other backlogs Commodities;

(3) Seasonal price reductions;

(4) Sales of commodities at reduced prices due to debt repayment, change of production, or closure of business.

Article 12 When selling goods, operators shall not tie the sale of goods against the will of the purchaser or attach other unreasonable conditions. < /p>

(2) Using prize sales to promote low-quality and high-priced goods;

(3) Lottery-style prize sales, with the maximum prize amount exceeding 5,000 yuan.

Article 14 Operators shall not fabricate or spread false facts to damage the business reputation and product reputation of competitors.

Article 15 Bidders shall not collude in bidding, raise the bid price or lower the bid price. Bidders and tenderers shall not collude with each other to exclude competitors from fair competition. Article 16 Supervision and inspection departments at or above the county level may conduct supervision and inspection of unfair competition practices.

Article 17 The supervision and inspection department shall have the right to exercise the following powers when supervising and inspecting unfair competition practices:

(1) To inquire about the business operators being inspected, their interests and interests in accordance with the prescribed procedures. Relevant persons and certifiers, and require the provision of supporting materials or other information related to unfair competition; (2) Inquiry and copying of agreements, account books, documents, and documents related to unfair competition , records, business correspondence and other materials;

(3) Inspect property related to unfair competition behaviors stipulated in Article 5 of this Law, and if necessary, order the operator under inspection to explain the source of the goods and quantity, sales are suspended pending inspection, and property is not allowed to be transferred, concealed, or destroyed.

Article 18 When supervising and inspecting unfair competition, staff of the supervision and inspection department shall produce their inspection certificates.

Article 19: When supervision and inspection departments supervise and inspect unfair competition practices, the operators, interested parties and certifiers under inspection shall truthfully provide relevant information or information. Article 20 If an operator violates the provisions of this Law and causes damage to the infringed operator, he shall be liable for damages. If the infringed operator's losses are difficult to calculate, the amount of compensation shall be the profits gained from the infringement during the infringement period; And shall bear the reasonable expenses paid by the infringed operator for investigating the operator's unfair competition behavior that infringes upon its legitimate rights and interests. If the legitimate rights and interests of the infringed operators are harmed by unfair competition, they may file a lawsuit with the People's Court.

Article 21 Operators counterfeit other people’s registered trademarks, use other people’s business names or names without authorization, forge or impersonate quality marks such as certification marks and famous quality marks, falsify the place of origin, and make inferences about the quality of goods. False representations that are misunderstood by others will be punished in accordance with the provisions of the Trademark Law of the People's Republic of China and the Product Quality Law of the People's Republic of China. If an operator uses the unique name, packaging, or decoration of a well-known commodity without authorization, or uses a name, packaging, or decoration similar to that of a well-known commodity, causing confusion with other people's well-known commodities and causing buyers to mistake them for the well-known commodities, the supervision and inspection department shall The illegal conduct shall be ordered to cease, the illegal gains shall be confiscated, and a fine of not less than one time but not more than three times of the illegal gains may be imposed depending on the circumstances; if the circumstances are serious, the business license may be revoked; if the sale of counterfeit and shoddy goods constitutes a crime, criminal liability shall be pursued in accordance with the law.

Article 22 If an operator uses property or other means to bribe to sell or purchase goods, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, the supervision and inspection department may impose a fine of 10,000 yuan according to the circumstances. A fine of not less than RMB 200,000 but not more than RMB 200,000 and any illegal gains shall be confiscated.

Article 23 If a public utility enterprise or other operator with an exclusive position according to law restricts others from purchasing the commodities of its designated operator in order to exclude other operators from fair competition, the provincial or district-level The municipal supervision and inspection department shall order the cessation of illegal activities and may impose a fine of not less than 50,000 yuan but not more than 200,000 yuan depending on the circumstances. If the designated operator uses this to sell low-quality and high-priced goods or overcharge fees, the supervision and inspection department shall confiscate the illegal income and may impose a fine of not less than one time but not more than three times the illegal income depending on the circumstances.

Article 24: If an operator uses advertising or other methods to make misleading and false propaganda about its products, the supervision and inspection department shall order it to stop the illegal behavior and eliminate the impact, and may impose a fine of 10,000 yuan according to the circumstances. A fine of not less than 200,000 yuan but not more than 200,000 yuan.

If an advertising operator, knowingly or should have known, acts as an agent, designs, produces, or publishes false advertisements, the supervision and inspection departments shall order them to cease their illegal activities, confiscate their illegal gains, and impose fines in accordance with the law.

Article 25 Whoever violates the provisions of Article 10 of this Law and infringes on commercial secrets shall be ordered by the supervision and inspection department to stop the illegal act and may impose a fine of not less than RMB 10,000 but not more than RMB 200,000 depending on the circumstances.

Article 26 If an operator violates the provisions of Article 13 of this Law by conducting sales with prizes, the supervision and inspection department shall order him to stop the illegal act and may impose a fine of not less than 10,000 yuan but not more than 100,000 yuan according to the circumstances. fine.

Article 27 If bidders collude in bidding to raise or lower bid prices; if bidders and tenderers collude with each other to exclude fair competition from competitors, the winning bid will be invalid. The supervision and inspection department may impose a fine of not less than RMB 10,000 but not more than RMB 200,000 depending on the circumstances.

Article 28 If an operator violates the order to suspend sales and not transfer, conceal, or destroy property related to unfair competition, the supervision and inspection department may impose fines based on the circumstances. A fine of not less than one time but not more than three times the price of the transferred, concealed or destroyed property shall be imposed.

Article 29 If the party concerned is dissatisfied with the penalty decision made by the supervision and inspection department, he may apply for reconsideration to the higher-level competent authority within fifteen days from the date of receipt of the penalty decision; if he is dissatisfied with the reconsideration decision, A lawsuit may be filed with the People's Court within fifteen days from the date of receipt of the reconsideration decision; a lawsuit may also be filed directly with the People's Court.

Article 30 The government and its affiliated departments violate the provisions of Article 7 of this Law by restricting others from purchasing the commodities of its designated operators, restricting the legitimate business activities of other operators, or restricting the distribution of commodities in regions. If there is normal circulation among the parties, the superior authority shall order the person to make corrections; if the circumstances are serious, the person directly responsible shall be given administrative sanctions by the authority at the same level or the superior authority. If the designated operator uses this to sell low-quality and high-priced goods or overcharge fees, the supervision and inspection department shall confiscate the illegal income and may impose a fine of not less than one time but not more than three times the illegal income depending on the circumstances.

Article 31 If state agency staff who supervise and inspect acts of unfair competition abuse their power or neglect their duties, which constitutes a crime, they shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, they shall be given administrative sanctions.

Article 32 If a staff member of a state agency that supervises and inspects acts of unfair competition engages in malpractice for personal gain and deliberately shields an operator who knowingly violates the provisions of this Law from committing a crime and prevents him from being prosecuted, he shall be subject to criminal prosecution in accordance with the law. responsibility. Article 33 This Law shall come into effect on December 1, 1993.