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The main thing is the illegality of the act.
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1. The subject of the act of unfair competition is the business operator.
2. Acts of unfair competition are illegal acts.
3.Object. The lawful rights and interests of other business operators and the normal social and economic order.
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Legal Analysis: Acts of unfair competition refer to the conduct of business operators in competition with other business operators by adopting illegal means and methods that are illegal or contrary to generally accepted business ethics in market competition. Unfair competition has the following characteristics:
1. The main body of the act is the operator. 2. There is an act of unfair competition. 3. Damage to the legitimate rights and interests of other operators.
4. The actor is subjectively at fault.
Legal basis: According to Article 2 of the Anti-Unfair Competition Law of the People's Republic of China, business operators shall follow the principles of voluntariness, equality, fairness and good faith, and abide by laws and business ethics in their production and business activities.
The term "acts of unfair competition" as used in this Bad Law refers to the conduct of business operators in violation of the provisions of this Law, disrupting the order of market competition, and harming the lawful rights and interests of other business operators or consumers in their production and business activities. "Foolish business operators" as used in this Law refers to natural persons, legal persons, and unincorporated organizations engaged in the production or sale of commodities or the provision of services (hereinafter referred to as "commodities including services").
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Legal Analysis: Acts of unfair competition refer to the conduct of business operators in competition with other business operators by adopting illegal means and methods that are contrary to the recognized business ethics in market competition.
Li Fang, the subject of the act, is an operator engaged in market trading activities; objectively implemented unfair competition methods prohibited by Article 5 of the Anti-Unfair Competition Law; The behavior is sufficient to mislead the user or consumer.
Legal basis: Article 6 of the Anti-Unfair Competition Law: Business operators shall not carry out the following confusing acts, leading people to mistakenly believe that they are the goods of others or have a specific connection with others:
1) Unauthorized use of marks that are identical or similar to the names, packaging, decorations, and so forth of others that have a certain degree of influence.
2) Unauthorized use of another person's influential enterprise name (including abbreviations, trade names, etc.), social organization names (including abbreviations, etc.), names (including pen names, stage names, translated names, etc.), and so forth.
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Legal Analysis: (1) Unfair promotion of competition violates generally accepted business ethics.
2) Acts of unfair competition are committed by business operators.
3) Acts of unfair competition are for the purpose of market competition.
4) Acts of unfair competition and chain quarrels harm the lawful rights and interests of competitors.
Legal basis: Anti-Unfair Competition Law of the People's Republic of China Article 2 In production and business activities, business operators shall follow the principles of voluntariness, equality, fairness, and good faith, and abide by laws and commercial ethics.
"Acts of unfair competition" as used in this Law refers to conduct by business operators in their production and business activities in violation of the provisions of this Law, disrupting the order of market competition, and harming the lawful rights and interests of other business operators or consumers.
"Business operators" as used in this Law refers to natural persons, legal persons, and unincorporated organizations engaged in the production or sale of commodities or the provision of services (hereinafter referred to as "commodities include services").
We are pleased to provide you with the following provisions of the Anti-Unfair Competition Law: It is an act of unfair competition for a business operator to sell goods below cost for the purpose of squeezing out competitors. However, if the operator has one of the following circumstances, even if it sells the goods sold at a price lower than the cost, it is not an act of unfair competition: Selling fresh goods; Dealing with products that are nearing expiration dates or other overstocked products; seasonal price reductions; Due to the repayment of debts, the change of production, and the closure of business, the sale of goods at a reduced price.
Today's business competition is becoming more and more fierce, because now is an era of entrepreneurship and innovation. After the number of entrepreneurs increases, every industry will feel the pressure, because the size of the market is determined, the more businesses entered, the smaller their share will be, and they need to use competition to squeeze out other peers or strive for more market share for themselves. However, in the process of this competition, there are some unscrupulous merchants who will adopt improper methods. >>>More