Legal analysis
1. fraudulent transaction methods: including four types: counterfeiting registered trademarks of others. Without the consent of the registered trademark owner, unauthorized use of another person's registered trademark is both trademark infringement and unfair competition; Using the name, packaging and decoration of a well-known commodity without authorization, or using the name, packaging and decoration similar to that of a well-known commodity, so that the buyer mistakenly thinks it is the well-known commodity; Unauthorized use of other people's enterprise names, making people mistakenly think that they are other people's goods; Forge or fraudulently use quality marks such as certification marks and brand-name marks on commodities, forge the place of origin, and make misleading false representations about the quality of commodities. 2. Commercial bribery: Commercial bribery refers to the behavior of business operators to gain competitive advantage by bribery in order to promote or buy goods. Different from legal kickbacks, discounts and commissions, the property or other benefits given by bribery are not reflected in the formal accounts of the counterparty. 3. False advertising: refers to the misleading false propaganda of the quality, composition, performance, use, manufacturer, expiration date and place of origin of the products by the operators through advertisements or other methods, so as to make the public know. Four. Infringement of trade secrets: trade secrets refer to technical and business information that is not known to the public, can bring economic benefits to the obligee, is practical, and is kept confidential by the obligee. 5. Predatory pricing: Predatory pricing refers to the behavior of operators selling goods at a price lower than the cost for the purpose of crushing their opponents.
legal ground
Article 7 of the Anti-Unfair Competition Law of People's Republic of China (PRC), an operator shall not bribe the following units or individuals with property or other means to seek trading opportunities or competitive advantages: (1) the staff of the counterparty; (2) Units or individuals entrusted by counterparties to handle relevant affairs; (3) Units or individuals that use their authority or influence to influence transactions. In trading activities, business operators can pay discounts to counterparties in an express way, or they can pay commissions to middlemen. If an operator pays a discount to a counterparty or a commission to an intermediary, it shall be accounted for truthfully. Operators who accept discounts and commissions should also record them truthfully. Bribery by the staff of the operator shall be recognized as the behavior of the operator; However, unless the operator has evidence to prove that the behavior of the staff member has nothing to do with seeking trading opportunities or competitive advantages for the operator.