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In the process of market operation, operators must be honest and have basic business ethics. Otherwise, even in a short period of time, Even if benefits are obtained, they will be affected in the long run and even lead to adverse consequences. The unfair competition methods implemented by operators are malicious competition. So, do you know what characteristics unfair competition includes? Let me answer it for you.
What are the characteristics of unfair competition?
1. The subject of unfair competition is the operator.
According to the provisions of Article 2 of the Anti-Unfair Competition Law, operators are the illegal subjects of the Anti-Unfair Competition Law. Regarding the determination of the connotation of operators, paragraph 3 of this article states: The operators referred to in this Law refer to legal persons, other economic organizations and individuals engaged in commodity operations and profit-making services. In judicial practice, some institutions engaged in for-profit or fee-based activities, such as hospitals, scientific research institutes, schools, etc., should be regarded as operators.
2. Unfair competition in market competition activities.
Unfair competition may occur only in market competition activities, and non-market competition cannot become unfair competition. This feature is the difference between unfair competition behavior and general civil torts. For example, infringement of technical secret rights should be classified as general infringement when there is no competitive relationship between the infringer and the victim, and only when there is a competitive relationship between the infringer and the victim, thereby damaging the victim's competitive advantage. It constitutes unfair competition.
3. Unfair competition behavior violates the Anti-Unfair Competition Law.
The so-called violations of the Anti-Unfair Competition Law refer to violations of the enumerated provisions of the Anti-Unfair Competition Law, violations of the general provisions of the Anti-Unfair Competition Law, and violations of voluntariness, equality, fairness, and good faith. basic principles and conduct that violates generally accepted business ethics.
4. The main damages caused by unfair competition actors are the interests of operators in the same industry.
Unfair competition behavior stipulated in the Anti-Unfair Competition Law is mainly the behavior of operators causing damage to operators in the same industry. If an operator causes damage to others, it does not fall into the category of unfair competition and should be dealt with by other laws. However, due to the extensive nature of competition, unfair competition may also occur between operators in different industries. If a food manufacturer disparages a certain drug in the form of comparative advertising when promoting the medicinal value of food, the food manufacturer's behavior constitutes unfair competition against drug manufacturers in different industries.
5. The behavior results in damage to other operators and disrupts the social and economic order.
Unfair competition behavior is a kind of purposeful exclusive behavior, which is a behavior with the direct purpose of infringing the legitimate rights and interests of relevant competitors. The consequences of unfair competition behavior not only damage the interests of competitors, but also harm the interests of competitors. More importantly, it hinders the operation of the market competition mechanism and disrupts the market economic order. It should be noted that unfair competition is different from general civil torts.
The constitution of general civil torts often requires the occurrence of damaging results, while unfair competition does not require the actual results of damage as a necessary condition. Some acts of unfair competition do not take into account the occurrence of harmful results as long as they are acts that should be held responsible. Such as the act of selling goods below cost.
Through the above introduction, I believe that everyone has a certain understanding of the characteristics of unfair competition. Each characteristic is a specific manifestation of unfair competition. In addition, it should be noted that merchants must pay attention to avoid these behaviors during the production and operation process, otherwise they will have an adverse impact on themselves. I hope the content compiled by the editor can be helpful to everyone.
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