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Released by the Guangdong Provincial Market Supervision Bureau
Guiding Cases for Law Enforcement Against Unfair Competition
It involves Aunt Qian and Walmart
T3 travel, Demars and other brands
The dash price has no basis, and the virtual sales volume is set
Guangzhou Qian Dama E-commerce Co., Ltd
He was fined 500,000 yuan
After investigation, the parties registered the "Aunt Qian Select Mall" Mini Program through WeChat, and according to the on-site inspection, they found that there were multiple illegal acts in the commodity price information, promotion information, and commodity sales information displayed on the platform.
- The act of marking the unfounded underline price of the listed goods violates the provisions of the Price Law;
- Failure to indicate the discount promotion period and discount benchmark in the promotion activities violates the provisions of the Interim Provisions on Regulating Promotional Behavior;
- Deceiving and misleading consumers by setting virtual sales in the background violates the provisions of the Anti-Unfair Competition Law.
In accordance with the relevant provisions of the Price Law and the Anti-Unfair Competition Law, the law enforcement authorities ordered him to stop the illegal acts and imposed a fine of 500,000 yuan.
Create a lot of falsehood
Traffic, followers, comments
Shenzhen Zhishuo Cloud Technology Co., Ltd
He was fined 3 million yuan
In order to seek illegal benefits, through the official website, WeChat circle of friends and other network platforms, publicize and promote the "Zhishuo Cloud" group control management system suitable for a short video software, and cooperate with the outside world on the system, recruit agents to sell for profit.
The system sends click instructions to a short video APP on the mobile end of the accused mobile phone through the computer PC, and at the same time performs batch login and group control operations on multiple false accounts of a short video APP, so as to realize the functions of batch simulation of video number maintenance and anti-blocking, batch attention to a short video APP big V video and fans, batch private messages to a short video APP fan, batch comments, automatic batch release of works and other functions.
The parties used the "Zhishuo Cloud" group control management system to obstruct or disrupt the normal operation of network products or services legally provided by other business operators, violating the provisions of the Anti-Unfair Competition Law. According to the provisions of the Anti-Unfair Competition Law, the law enforcement agency ordered him to stop the illegal act and fined him 3 million yuan.
The Sam's Club APP defaults to five-star reviews
Fake user reviews deceive consumers
Walmart (China) Investment Co., Ltd
He was fined 300,000 yuan
During the period from October 13, 2020 to May 17, 2021, the parties used the Sam's Club APP to sell goods online, in the "My Evaluation", when the user did not make an active evaluation of the real traded goods in time, the APP background system will automatically default to the five-star praise, and automatically calculate the default five-star praise in the praise rate for display, and there is false commercial publicity for the user evaluation of the product, deceiving and misleading consumers.
The above-mentioned acts of the parties violated the provisions of the Anti-Unfair Competition Law, and in accordance with the relevant provisions of the Anti-Unfair Competition Law, the law enforcement authorities ordered them to stop the illegal acts and imposed a fine of 300,000 yuan.
False publicity in the live broadcast room
The lowest price, anthocyanins are the most cattle antioxidants
Bangying (Guangzhou) Enterprise Management Co., Ltd
He was fined 400,000 yuan
After investigation, on July 4 and 11, 2021, the anchor of the party concerned was broadcasting the goods for two companies such as a clothing company in Guangzhou, and according to the promotional copy provided by the parties, the live streaming goods were promoted in the live broadcast with goods: "You have not bought anywhere below this price" and "Dried mulberries are rich in anthocyanins, and anthocyanins are the most cattle antioxidants in nature." "The parties concerned cannot provide evidence and proof of the above-mentioned publicity content.
The above-mentioned acts of the parties violated the provisions of the Anti-Unfair Competition Law and constituted an illegal act of false publicity. According to the relevant provisions of the Anti-Unfair Competition Law, the law enforcement authorities ordered the parties concerned to immediately stop the illegal acts and imposed a fine of 400,000 yuan.
Domestic products claim "German brands"
Advertising aluminum liner is prone to mental retardation
Foshan Demashi Network Technology Co., Ltd
The parties concerned opened 5 stores online, including "Delmax Official Flagship Store" and "Delmax Shopping Flagship Store", and promoted "German-style technology, German quality, German brand" and so on.
- The parties concerned could not prove that there was a direct connection between the technology and quality of their products and "Ashkenazi" or "Germany", that all the products sold were produced in China, that no products were exported to Germany, and that their promotional content could not provide a basis. The parties violated the provisions of the Anti-Unfair Competition Law, constituting false publicity, and the law enforcement authorities fined them 200,000 yuan.
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The parties publicized the statement "Embossed aluminum plate elimination style aluminum high temperature is easy to volatilize aluminum ions and easy to cause intellectual retardation caused by aging" on the product introduction page of the disinfection cabinet of "Demars Official Flagship Store".
The inability to provide evidence to prove that the description is scientifically based, spreading misleading information to consumers about the unsafe and unhealthy aluminum liner disinfection cupboard, resulting in consumers misunderstanding the use of aluminum liner disinfection cupboard products, thereby devaluing the reputation of the manufacturers of such products. The act violated the provisions of the Anti-Unfair Competition Law and constituted commercial defamation, and the law enforcement agencies fined him 100,000 yuan.
"T3 Travel Guangzhou" has a prize sales
The information is unclear and affects the redemption of the prize
Nanjing Lingxing Technology Co., Ltd. Guangzhou Branch
He was fined 50,000 yuan
On December 10, 2020, the parties' public account "T3 Travel Guangzhou" released the "60 yuan taxi welfare" promotional activity information, the title and content including "60 yuan taxi welfare" and "60 yuan gift package in winter" and other information.
Consumers can scan the QR code to fill in the mobile phone number to receive a taxi coupon, which is actually 30% off coupons, each discount coupon can be deducted up to 20 yuan, but the content information in the article does not mention the nature, quantity and maximum deduction amount of the coupon.
If the consumer receives it, only through three taxi consumptions, and the total amount of the three taxi consumption reaches 200 yuan, can they truly enjoy the discount of 60 yuan. It also does not match the information such as "60 yuan taxi benefit" and "60 yuan gift package" in the article.
According to the Interim Provisions on Regulating Promotional Behavior, the act of receiving coupon articles published on the "T3 Travel Guangzhou" public account is a prize sale. There is an unclear information that affects the redemption of the prize, which violates the provisions of the Anti-Unfair Competition Law. The law enforcement agency ordered him to stop the illegal act and fined him 50,000 yuan.
Repeated unauthorized modification of the conditions for redemption
Shenzhen Kuaiyidian Education Technology Co., Ltd
From May 18, 2020 to September 30, 2020, the parties carried out the "Punch Card Full Refund" promotion campaign, and published the activity rules and prize redemption conditions on the WeChat public account (365 consecutive days can be fully refunded).
Later, the parties added and changed the following rules: On May 21, 2020, the parties unilaterally amended the User Agreement for Punch Card Activities, adding clauses that were not conducive to user redemption. On March 25, 2021, the parties began to set up a system procedure to review the user's eligibility for award redemption in accordance with the unauthorized modification agreement, unilaterally identifying the user's cross-grade learning, cross-school segment learning, punching during school, and learning during school as falsely providing information to obtain refunds, and canceling the user's qualification for reward redemption.
The parties' modification of the rules and the addition of conditions to affect the user's redemption of prizes violated the provisions of the Interim Provisions on Regulating Promotional Behaviors, and in accordance with the relevant provisions of the Interim Provisions on Regulating Promotional Activities and the Anti-Unfair Competition Law, the parties were ordered to stop the illegal acts and fined 400,000 yuan.
Price gouging, false publicity and pyramid schemes
Bailing Big Data Service (Guangzhou) Co., Ltd
He was fined 860,000 yuan
The parties conducted a 520 promotional activity on their "Bai Ling Premium" WeChat public account, and the goods were promoted in a manner that compared the original price with the current price, and the price difference reached 10 times, but they could not provide the original price sales records of the 15 items involved in the case;
The parties claimed that the food, ordinary cosmetics and daily necessities they sold had therapeutic effects such as "restoring the function of islets", "comfortable communication, relieving soreness", "applying to cancer patients, helping patients repair genes after radiotherapy and chemotherapy, and improving immunity", and the parties were unable to provide relevant supporting materials;
In the process of using the Bailing Premium Platform to sell cosmetics, daily necessities and food, the parties adopted the business model of membership system, purchased a certain amount of goods to obtain the membership of dividend rebates, formed an up-down line relationship through member recommendation, and calculated and paid the online remuneration based on the consumption amount of the downline.
According to the relevant provisions of the Price Law, the Anti-Unfair Competition Law and the Regulations on the Prohibition of Pyramid Schemes, the law enforcement authorities imposed an administrative penalty totaling 865,060 yuan on the parties engaged in price fraud, false publicity and pyramid schemes.
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Details of Guangdong Anti-Unfair Competition Enforcement Guiding Cases
Produced by the Editorial Department of China Consumer Daily New Media
Source/ China Consumer Daily, China Consumer Network
Author/Li Qingshan Chen Xiaoying
Editor/Ying Pei
Producer/He Yongpeng Ren Zhenyu