those who violate the provisions of the anti-unfair competition law shall be given administrative penalties such as being ordered to stop the illegal act, confiscation of illegal income, fine and revocation of business license.
1. If a business operator violates the provisions of this Law and causes damage to the infringed business operator, it shall be liable for damages. If it is difficult to calculate the losses of the infringed business operator, the amount of compensation shall be the profits obtained during the infringement period; And shall bear the reasonable expenses paid by the infringed business operator for investigating the unfair competition behavior of the business operator that infringes on his legitimate rights and interests. If the legitimate rights and interests of the infringed business operators are damaged by unfair competition, they may bring a lawsuit to the people's court.
2. Operators who impersonate other people's registered trademarks, use other people's enterprise names without authorization, forge or fraudulently use quality marks such as certification marks and famous brand marks, forge the place of origin, and make misleading false representations about the quality of goods shall be punished in accordance with the Trademark Law of the People's Republic of China and the Product Quality Law of the People's Republic of China. Where an operator uses the unique name, packaging and decoration of a well-known commodity without authorization, or uses a name, packaging and decoration similar to that of a well-known commodity, causing confusion with other people's well-known commodities, so that the buyer mistakenly thinks that it is the well-known commodity, the supervision and inspection department shall order it to stop the illegal act, confiscate the illegal income, and may impose a fine of more than one time but less than three times the illegal income according to the circumstances; If the circumstances are serious, the business license may be revoked; If selling fake and inferior commodities constitutes a crime, criminal responsibility shall be investigated according to law.
3. If an operator uses property or other means to bribe to sell or buy goods, which constitutes a crime, he shall be investigated for criminal responsibility according to law; If it does not constitute a crime, the supervision and inspection department may, according to the circumstances, impose a fine of not less than 1, yuan but not more than 2, yuan, and confiscate the illegal income.
iv. if a public utility enterprise or other business operator with a monopoly position according to law restricts others from buying the goods of the business operator designated by it, so as to crowd out the fair competition of other business operators, the supervision and inspection department at the provincial level or the city divided into districts shall order it to stop the illegal act and may impose a fine of not less than 5, yuan but not more than 2, yuan according to the circumstances. Where the designated business operator sells goods with inferior quality and high price or charges excessively, the supervision and inspection department shall confiscate the illegal income and may impose a fine of more than one time and less than three times the illegal income according to the circumstances.
5. If a business operator makes false propaganda that leads to misunderstanding by advertising or other methods, the supervision and inspection department shall order it to stop the illegal act and eliminate the influence, and may impose a fine of not less than 1, yuan but not more than 2, yuan according to the circumstances. If an advertising operator acts as an agent, designs, produces or publishes false advertisements while knowing or should know, the supervision and inspection department shall order it to stop its exclusive act, confiscate its illegal income and impose a fine according to law.
VI. In case of infringement of trade secrets in violation of the Anti-Unfair Competition Law, the supervision and inspection department shall order it to stop the illegal act and may impose a fine of not less than 1, yuan but not more than 2, yuan according to the circumstances.
VII. If an operator violates the Anti-Unfair Competition Law to sell with prizes, the supervision and inspection department shall order him to stop the illegal act and may impose a fine of not less than 1, yuan but not more than 1, yuan according to the circumstances.
8. Bidders collude in bidding to raise the bid price or lower the bid price; Bidders and tenderers collude with each other to crowd out the fair competition of competitors, and the winning bid is invalid. The supervision and inspection department may impose a fine of not less than 1, yuan but not more than 2, yuan according to the circumstances.
IX. If an operator violates the order to suspend sales and is not allowed to transfer, conceal or destroy the property related to unfair competition, the supervision and inspection department may impose a fine of more than one time and less than three times the price of the property sold, transferred, concealed or destroyed according to the circumstances.
1. If a party refuses to accept the punishment decision made by the supervision and inspection department, it may apply to the competent authority at the next higher level for reconsideration within 15 days from the date of receiving the punishment decision; If he refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within fifteen days from the date of receiving the reconsideration decision; You can also bring a lawsuit directly to the people's court.
Xi. If the government and its subordinate departments restrict others from buying the goods of the operators designated by them, restrict the legitimate business activities of other operators, or restrict the normal circulation of goods between regions, the higher authorities shall order them to make corrections; If the circumstances are serious, the person directly responsible shall be given administrative sanctions by the organ at the same level or at a higher level. Where the designated business operator sells goods with inferior quality and high price or charges excessively, the supervision and inspection department shall confiscate the illegal income and may impose a fine of more than one time and less than three times the illegal income according to the circumstances.