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On the current acts of unfair competition and Countermeasures

Author: XuFengXia From: www.yourpaper.net Posted: 2010-05-27 23:23:50 Read:
Paper Keywords: unfair competition exclusion opponents: Goodwill commercial fraud good faith
Abstract: acts of unfair competition should comply with the following characteristics: subjective deliberate, explicit purposes of conduct, that is demeaning to combat or restrict competitors, or local government linked to the promotion of local economic development in the name of local protection of the real line; objective on the implementation of specific behavior, belittle, exclude competitors or non-local units, is clearly contrary to the basic operation of the market economy mechanism, disrupting the running order of the market economy, against the legitimate rights and interests of operators and consumers.
Acts of unfair competition, new trends
1. Use of the media, advertising, product quality, function, and effect indicators contrast, to indicate that the goods or services provided by this unit better combat specific or non-specific competitors. Such behavior has the following characteristics: (1) through the proper channels to combat their rivals to elevate themselves to lure the consumer groups to accept the unit of goods or services, to obtain greater profits: (2) forms of behavior more use of various types of media large coverage, a greater impact; (3) the content of both true and false, and some may be true; (4) the dangers of such behavior will result in mutual association among competitors, attack, blind exaggerated, harm to the social climate of the kind of integrity, so that enterprises have to invest more advertising costs, greatly increasing the cost of goods. This behavior to circumvent the provisions of the Anti-Unfair Competition Law ", the practice of law enforcement agencies is difficult to identify the victims and no legal basis for the current to be getting worse.
2. Funded by the operators, the media come forward to hire "experts" with the operators of commodity-related interviews, consulting, named informative to consumers, the real interpretation of the publicity for the advertisement advocating activities, belittle opponents. Such behavior is rampant trend. Has the following characteristics: First, to conceal their activities by covert means to fight against their rivals line advertising, marketing the real purpose of the form of public service. The trust of the majority of people on the "expert advice" slander the invisible, although not in violation of the Anti-Unfair Competition Law, but obviously contrary to the normal competition rules: the majority of visual, hearing the audience's thirst for knowledge. " experts "trust, not the normal induction, to belittle opponents at the same time, actually deceived consumers, violated the consumer's right to know, the independent option. In the current social environment, the dangers of this move is obvious.
3. Units of the organization instigated, funded consumer complaints, make complaints enlargement, contradictions intense upgrade, create a momentum, and thus achieve the marginalization purpose to beat their competitors.
Such acts exist in the same competition in the industry, the competitors party through various channels, found consumers to buy competitors for goods or competitors unhappy with the service or the goods are defective complaint, then secretly inciting, seized on the issue, interests induced funded consumer complaint claims process wild speculations, to expand the scope of the complaint, such as the media, the relevant departments of publicity or complaints, that is called a complaint in fact, took the opportunity to promote their rivals through the "fuss" goodwill. For example, I have seen in a magazine a typical case of consumers Lin bought a bottle of mineral water with trace impurities, then held the mineral water (unopened) complaints, ask for 1OO million, rejected, four complaints and invite the media reporters to strong momentum. After the investigation, the case consumers are competitors due to agitation funding, after intervention by the authorities was able to calm the consistent and reliable product quality, it did not result in greater losses. Such behavior is characterized by: (1) behavior has a hidden perpetrator usually by secretly inciting to finance consumer complaints upgrade, only a small amount of investment, beleaguered competitors, thus achieving the purpose of the behavior, and the behavior of people not directly come forward; (2) the apparent authenticity of such acts of consumers and defective merchandise received is true, can play their own experiences "effect, easily recognized by consumers (3) the existing Anti-Unfair Competition Law "This prohibition was directly based on the relevant laws, regulations, and difficult to deal with the functional departments. The victims can not be resolved through legal channels, had to be addressed through other means, which will contribute to the development of adverse social. Such acts have done great harm may affect the survival and development of an enterprise. Such as the famous "three" cases "three" a dedication of appetite, thousands of people are unemployed, seriously affected the normal order of society.
4 units each other competitors, one of the competitors in an important project in progress, the lure of interest means, dredged from a competitor key personnel of the project, a drastic way, resulting in paralysis of the rival project, or employed (dig) to talent, on the basis of the rival project to transform the product appeared on the market in another guise, to wear down opponents. Such acts constitute a clearly unwarranted, the flow of talent is essentially a kind of improper means of competition. In individual local legislation, has been prohibited by local laws and regulations.
5. Funded by the operators, local governments or departments held a so-called check, regional competitions, operating an environment conducive to the local businesses (mainly subsidized flats) sampling, the results of appraisal, and the results are to be published in the media, in order to combat competitors . If the sampling, the benchmark results published in the local media, the enterprise plus masterpiece publicity, then the conclusion is sent with the goods, of course, caused no small sensation. The features of this behavior can be summarized in the following points: First, the form in line, at least not in violation of existing regulations. Its sampling assessment units have this authority or rights, can be considered for the exercise of his powers, is also responsible for the consumer, blameless. But in reality is another form of local protectionism, and is the product of collusion by the "official", "business", has some connection with corruption: two in the minds of consumers, the results of this assessment has considerable authority a direct impact on consumer choice of goods, the more so the greater blow to competitors; such acts there is no legal norms be restricted or prohibited, unreasonable does indeed exist, and also has undermine fair competition and adverse effects of the destruction of the socialist market economic order.
6 local governments by none other administrative measures, policies, limit operating in violation of Article 7 of the Anti-Unfair Competition Law "the government and its subordinate departments shall not abuse their administrative power to force others to buy their designated operators of goods, the legitimate business activities. ... shall not be restricted foreign goods into the local market ...... whatever encourage and protect local firms covertly against foreign enterprises, so that the competitive conditions of the poor, thereby enabling foreign enterprises quit mainly for local government the improper administrative measures more hidden, like the City of Hanzhong, Shaanxi naked forced to sell the purchase of the policy of the local cigarettes have been rare, replaced by a more flexible means such as a county to promote the local cement plant and the development of the winery, in a good position in the competition, sales targets assigned to each unit in the area, but it is not mandatory targets, the complete index from taxation, financial give care and formulated a special quantify the magnitude of the finish does not Wei indicator, use tax, fiscal policy to be reminded, so that the units within the jurisdiction of the county wholeheartedly sales of goods. with this administrative measures, from the financial, tax and other aspects will be rewarded greatly support local corporate goods sales. corresponding to the field similar products in the sale of the land must hit both economic lever adjustment, also through a number of specific administrative means a direct impact on sales and sales of terminal choice to purchase or receive services.
7. Commercial fraud, the operators of fictitious facts, conceal the truth, causing consumers and users of its product quality, price and service water; short-tailed bird misunderstanding, this behavior is already provided for in the "Consumer Protection Law", but the market competition perspective, commercial fraud is an act of unfair competition, the perpetrator of the fraud, to lure the other operators of consumer goods, in violation of the legitimate rights and interests of consumers at the same time, also a violation of the relevant operating legitimate rights and interests. Also undermined the good faith business atmosphere, not rely on harsh means to win customers and market, is bound to affect the formation and development of the good market mechanism.
Second, the legal punishment of acts of unfair competition measures
1. Amended to increase the types of "unfair competition" to improve the legislative technique.
The existing Anti-Unfair Competition Law "with the methods listed to provide 11 kinds of acts of unfair competition, combined with the practice of recent years, emerging acts of unfair competition should be summarized to supplement inadequate. In the Legislative technically, the "Anti-Unfair Competition Law, the mere enumeration example, is clearly not enough to cover the development of the acts of unfair competition. The proposed correction, cited example of law and summarized a combination of methods, combined with the specific circumstances of the society in order to facilitate law enforcement agencies, can not meet the characteristics of unfair competition law and acts of unfair competition are not clearly defined sanctions, without according to. 2 strengthen the convergence with other relevant laws relationship
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