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Regulations of Hainan Special Economic Zone on Anti-unfair Competition
chapter I general provisions article 1 in order to maintain the order of the socialist market economy, protect fair competition, stop unfair competition, and safeguard the legitimate rights and interests of operators and consumers, these regulations are formulated in accordance with the principles of the law of the people's Republic of China against unfair competition and other relevant laws and regulations, and in light of the actual situation of Hainan special economic zone. Article 2 All legal persons, other economic organizations or individuals (hereinafter referred to as operators) engaged in commodity trading or profit-making services in Hainan Special Economic Zone must abide by these Regulations.

organizations and individuals other than business operators must also abide by these regulations when engaging in activities related to market competition. Article 3 Business operators have the right to participate in market competition according to law regardless of ownership form, industry type and business scale, and their legitimate rights and interests are protected by law. Not subject to illegal restrictions, interference or discrimination by any organization or individual. Article 4 Business operators shall follow the principles of voluntariness, equality, fairness, honesty and credibility in market competition, and abide by recognized business ethics. Article 5 The administrative department for industry and commerce at or above the county level shall be responsible for the supervision and inspection of acts of unfair competition and improper joint activities; Where laws and regulations provide for supervision and inspection by other departments, such provisions shall prevail. Article 6 People's governments at all levels shall take measures to encourage participation in market competition and create a good environment and conditions for fair competition; Support and protect all organizations and individuals to use various legal means such as complaints and public opinion to conduct social supervision over unfair competition.

the government, its subordinate departments and staff of state organs shall not support or cover up acts of unfair competition. Article 7 If citizens, legal persons or other organizations report acts of unfair competition, the supervision and inspection department shall commend and reward the whistleblower after verification. Chapter II Prohibition of Unfair Competition Article 8 An operator shall not cheat on the price in the following ways, thus harming the rights and interests of other operators or consumers:

(1) Falsely reducing the price;

(2) using misleading vague language, words or other forms to express prices;

(3) use two sets of prices for the same commodity, quote at a low price and settle at a high price;

(4) increase the charges in addition to the stated commodity prices;

(5) Using meters to make the settlement quantity of commodities inconsistent with the actual quantity, thus affecting the express price of commodities;

(6) Other forms of price cheating. Article 9 An operator shall not sell goods at a price lower than the cost for the purpose of crowding out competitors.

in any of the following circumstances, it is not an act of unfair competition:

(1) selling fresh goods;

(2) dealing with commodities whose effective period is about to expire or other overstocked commodities;

(3) seasonal price reduction;

(4) selling goods at reduced prices due to paying off debts, changing production or closing business. Article 1 Business operators shall not make false or misleading propaganda on the quality, ingredients, performance, use, producer, production date, expiration date and place of origin of commodities by advertising or other methods.

an advertising operator shall not act as an agent, design, produce or publish false or misleading advertisements when he knows or should know.

news organizations and their workers are not allowed to make false news reports on business operators or commodities and seek illegal benefits. Article 11 business operators shall not engage in business activities by the following means:

(1) counterfeiting registered trademarks of others, selling goods that they know are counterfeit registered trademarks, forging or manufacturing registered trademarks of others without authorization, or selling forged or manufactured registered trademarks without authorization;

(2) forging or falsely using quality marks such as certification marks and famous brand marks on commodities, forging the place of origin, making misleading false representations about the quality of commodities, or forging or falsely using other people's enterprise names (shop names) to produce and sell commodities;

(3) unauthorized use of the unique name, packaging and decoration of other people's well-known goods or the use of names, packaging and decoration similar to well-known goods, resulting in confusion with well-known goods and causing buyers to mistake them for the well-known goods. Article 12 Business operators shall not obtain, use or disclose other people's business secrets by theft, inducement, coercion or other improper means. Thirteenth operators shall not fabricate or spread false facts that damage the commercial reputation and commodity reputation of others for the purpose of crowding out competitors. Article 14 Bidders and tenderers shall not collude with each other and commit the following acts of unfair competition:

(1) The tenderers disclose the pre-tender price to a bidder;

(2) Bidders obtain quotations from other bidders or other bidding conditions from the tenderee before bid opening;

(3) The tenderer allows bidders who do not meet the bidding conditions to participate in the bidding. Article 15 when engaging in market transactions, business operators shall not commit the following acts of bullying and dominating the market:

(1) coercing others to trade with themselves;

(2) forcing others to conduct transactions;

(3) forcing competitors to avoid or give up competing with themselves;

(4) hinder the establishment of normal trading relations between others. Article 16 When selling commodities, business operators shall not tie in other commodities against the wishes of buyers or attach unreasonable conditions.

business operators are not allowed to conduct prize-winning sales by deception or to promote goods with high quality and low price by means of prize-winning sales.