In the shopping mall, competition is inevitable, but when competing, it is necessary to conduct legitimate and open competition. If there is malicious competition, it is illegal, and in serious cases, it may constitute Crime, then, is malicious competition illegal and which department governs it? Let’s learn more about it in detail below. 1. Is malicious competition illegal? Which department shall govern it? If it is illegal, it shall fall under the administration of industry and commerce. The national level is the Anti-Monopoly and Anti-Unfair Competition Law Enforcement Bureau under the State Administration for Industry and Commerce (the specific functions are to formulate specific measures and methods related to anti-monopoly and anti-unfair competition; to undertake relevant anti-monopoly law enforcement work; to investigate and deal with unfair competition and unfair competition in the market). commercial bribery, smuggling and other economic illegal cases, supervise and handle major cases and typical cases); the local level is under the provincial, municipal and county industrial and commercial bureaus (bureaus) or the post-merger market and quality supervision and management committee: anti-monopoly and anti-infringement Fair Competition Enforcement Bureau, Division, Section, Section, etc. or Market Supervision and Consumer Rights Protection Bureau, Division, Section, Section, etc. or Market Bureau, Division, Section, Section, etc. or Fair Trading Bureau, Division, Section, Section, etc. 2. The main behavioral manifestations of malicious competition The main behavioral manifestations of malicious competition are as follows: (1) Infringement of registered trademarks. Without the consent of the trademark registrant, counterfeiting or counterfeiting other people's registered trademarks to produce and sell goods. If this behavior is serious, it will constitute the crime of counterfeiting registered trademarks. (2) Staff members of units related to bribery transactions. By paying bribes, we seek trading opportunities or competitive advantages, which adversely affects other competitors. (3) Obtaining information from consumers through deception, fraud, false propaganda, etc., and misleading consumers into making purchases. (4) Obtaining commercial secrets from competitors through theft, bribery, etc., and using commercial secrets to suppress competitors. (5) Squeezing out competitors through monopoly so that competitors cannot refer to normal competition. There are many manifestations of malicious competition, and malicious competition often damages the normal order of the market economy. Therefore, malicious competition is illegal. If the malicious competition is egregious, it will constitute a criminal offence. 3. How to punish malicious competition: Those who violate the provisions of Article 2 of the Anti-Unfair Competition Law will be ordered to stop illegal activities, confiscation of illegal gains, fines, revocation of business licenses and other administrative penalties. (1) 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 The infringed operator shall bear the reasonable expenses paid by the 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. (2) If an operator counterfeits someone else's registered trademark, uses someone else's business name or name without authorization, forges or impersonates quality marks such as certification marks or famous quality marks, falsifies the place of origin, or makes misleading false representations about the quality of goods, he shall be liable in accordance with the " Penalties shall be stipulated in the Trademark Law of the People's Republic of China and the Domestic 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. (3) 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 not less than 10,000 yuan but not more than 200,000 yuan according to the circumstances. , any illegal gains shall be confiscated.

(4) If a public utility enterprise or other operator with an exclusive position according to law restricts others from purchasing the goods of its designated operator in order to exclude other operators from fair competition, the supervision and inspection department at the provincial level or a city divided into districts shall order it to stop Illegal acts may be punished with 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 charge excessive fees, the Supervision and Inspection Department shall confiscate the illegal gains and may impose a fine of not less than one time but not more than three times the illegal gains depending on the circumstances. (5) If an operator uses advertising or other methods to make false publicity about a product that introduces misunderstandings, the supervision and inspection department shall order it to stop the illegal behavior and eliminate the impact, and may impose a fine of not less than RMB 10,000 but not more than RMB 200,000 depending on the circumstances. 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. (6) If a person violates the Anti-Unfair Competition Law and infringes on trade secrets, the supervision and inspection department shall order him 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. (7) If an operator violates the Anti-Unfair Competition Law by conducting sales with prizes, the supervision and inspection department shall order it to stop the illegal behavior and may impose a fine of not less than RMB 10,000 but not more than RMB 100,000 depending on the circumstances. (8) If bidders collude in bidding, raising or lowering bid prices; if bidders and tenderers collude with each other to exclude fair competition from competitors, the successful 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. (9) 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 penalties on the price of the sold, transferred, concealed, or destroyed property based on the circumstances. A fine of not less than one time but not more than three times. (10) If the party concerned is dissatisfied with the penalty decision made by the supervision and inspection department, he or she may apply for reconsideration to the higher-level competent authority within fifteen days from the date of receipt of the penalty decision; File a lawsuit with the People's Court within fifteen days; you can also file a lawsuit directly with the People's Court. (11) If the government and its subordinate departments restrict others from purchasing the commodities of its designated operators, restrict the legitimate business activities of other operators, or restrict the normal circulation of commodities between regions, the superior authority shall order them to make corrections; if the circumstances are serious, , the directly responsible personnel shall be given administrative sanctions by the same level or 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. (12) 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. (13) 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 being prosecuted, he shall be held criminally responsible in accordance with the law.