What are the contents of unfair competition
1. Definition of unfair competition
Unfair competition refers to operators taking illegal actions in market competition. Competing with other operators by means or methods that are contrary to generally accepted business ethics. In real life, unfair competition behaviors are diverse, diverse and numerous. Therefore, the competition legal systems of various countries often first make general provisions on unfair competition behaviors, and then specifically list typical, prominent, and serious unfair competition behaviors within a certain period of time and expressly prohibit them.
2. The specific content of unfair competition
1. Confusing behavior
Confusion refers to operators using various untruthful methods in market operations Make false representations, descriptions or promises about your own goods or services, or take improper advantage of othersThe results of intellectual work are used to promote one's own goods or services, causing misunderstandings among users or consumers, disrupting market order, and harming the interests of competitors in the same industry or the interests of consumers.
2. False propaganda
False propaganda refers to misleading and false propaganda made by operators using advertising and other methods to promote the quality, performance, ingredients, uses, origin, etc. of products. Selling goods through advertising or other means is the most common promotion method in modern society. However, various types of false advertisements and other false propaganda may disrupt public viewing and harm socialist spiritual civilization; or directly mislead users and consumers, causing them to make wrong consumption decisions, causing a large number of social problems; or infringe on other operators, especially It is the legitimate interests of competitors in the same industry that cause chaos in the order of fair competition. The Advertising Law and the Anti-Unfair Competition Law both regulate this type of behavior as illegal acts that must be prohibited.
3. Commercial bribery
Commercial bribery refers to an operator secretly giving relevant information to the counterparty in order to gain trading opportunities. Personnel or other relevant persons who can influence the transaction act in exchange for property or other benefits. Commercial bribery can take many forms. For a long time in China, it has been very common to seek trading opportunities in the name of kickbacks, discounts, commissions, consulting fees, introduction fees, etc. How to judge whether it is illegal? We must use the law as a standard and analyze its substantive characteristics to obtain draw correct conclusions.
4. Infringement of trade secrets
Trade secret infringement refers to the act of obtaining, disclosing, and using other people's trade secrets by improper means.
5. Low price dumping
Low-price dumping behavior means that operators aim to squeeze out competitors. Sell goods below cost. Low-price dumping violates the survival principles and value laws of enterprises. In market competition, it often leads to vicious competition events such as price wars and the collapse of small and medium-sized enterprises, and even leads to serious consequences of the shrinkage of the entire industry. In 1998, milk dealers in the Shanghai market dumped milk at low prices in order to compete for the market, causing the industry to operate at a loss and become unsustainable. Later, relevant government departments intervened in accordance with the law, and the competition order in the milk market was put back on track. In order to nip problems in the bud, both the Anti-Unfair Competition Law and the Price Law prohibit operators from selling goods at lower than cost prices in order to combat competitors.
6. Unfair sales with prizes
Improper sales with prizes means that operators are selling goods or When providing services, in the name of providing rewards (including money, physical goods, additional services, etc.), deception or other improper means are actually used to harm the interests of users and consumers, or damage the legitimate rights and interests of other operators.
7. Defamation of goodwill
Defamation of goodwill refers to the operator fabricating and spreading falsehoodsFacts that damage a competitor's business reputation and product reputation, thereby weakening its competitiveness.
The above is the legal savior network editor’s comments on the relevant issues Compilation of information on unfair competition behaviors. Therefore, the editor reminds you not to engage in unfair competition just for a small profit. In the short term, unfair competition can indeed bring you a lot of benefits, but it will slander your reputation. Over time, Performance will naturally decline, which will ultimately harm others and yourself. If you have other questions about unfair competition, you can consult the lawyers on the Legal Savior website. We have dedicated lawyers to answer your questions.
