On August 2nd, a reporter from Guangzhou Daily · Xinhuacheng learned from the Guangdong Market Supervision Bureau that in response to the characteristics of online promotional behaviors, the bureau established an unfair competition behavior network monitoring mechanism to implement “intelligent monitoring, key clues analysis, online online analysis, online analysis, online online analysis, online analysis, online Six -step method of evidence solidification, online data extraction, judicial identification and solid evidence, offline verification and disposal “,” false information, discount and price reduction phenomena in the promotional activity of operators, the amount of prize sales, and the amount of redemption conditions of the prize sales Information, focus on analyzing potential risks such as suspected unfair competition and price violations, and timely formation of electronic deposit materials and clue analysis reports, online and offline simultaneous cracking down on improper prize sales behavior.

Since the beginning of this year, it has been monitored and inspected. The province’s system has filed a total of 36 cases of improper competition in the field of investigation and promotion. Here, the Provincial Market Supervision Bureau announced that there are 7 typical cases of uniform operators who have been completed.

Case 1: Huizhou Jiawangfu Real Estate Broker Co., Ltd.

——The draw campaign campaign is not clearly punished by administrative penalties

(1) Basic case circumstances

After investigation, the parties and Huizhou Rongtuo Real Estate Co., Ltd. signed the “Jinyue Washington” project planning contract on April 1, 2020, which was fully responsible for the national salesman activity by the parties. A biggest planning activity. The parties have published three ways: WeChat Mini Program, which earn points in three ways: forwarding small program articles, buying a house, and transferring customers, and then redeem the prizes by points, including the draw of the BMW i series (200 points for a lot of draw vouchers to draw a lottery ticket ) Articles of the other content, there is a display board with the above content in the “Jinyue Washington” marketing center, and a white BMW 120i new car is used at the entrance of the marketing center for display. The parties said that the prize in the biggest award of the prize sales activity was the one -year use right to win the BMW i series. It was not a BMW car. It was only one place. The one -year cost of the 120i white BMW car was 36,000 yuan. The parties did not clearly and clearly explicitly explicitly explicitly show that the types, probability, prizes and other prize sales information of the establishment of the awards were clearly stated, affecting the final redemption.

(2) Punishment results

The parties have a lot of prizes, redeeming conditions, bonuses, or prizes such as the types of prizes, such as the prize sales. ) The provisions of items constitute an improper prize sales behavior. The law enforcement organs order the parties to stop illegal acts immediately and fined 80,000 yuan.

Case 2: Baoneng Automobile Sales Co., Ltd.

——The maximum prize amount of the lottery prize event exceeds 50,000 yuan and was punished by administrative penalties

After investigation, the parties planned and implemented the “Launch 2021 New Year’s Eve” party, and through its marketing center department planning, organization, and implementation of the “Bao Neng New Year’s Koi” publicity activities. The Poenon New Year’s Koi Award Award includes: Guanzhi 7 car purchase cash coupons valued at 13,6800 yuan; Baoneng City issuing document tourism project throughout the year (about 35534 yuan): 1 year of automobile use rights worth 50,000 yuan; 5000 Yuanbao Energy Shopping Card; 2,000 yuan auspicious E+consumer card; value of 666 yuan fresh New Year gift package. The total value of the Poenon New Year’s Koi Award is about 230,000 yuan.

The maximum award amount of the “Bao Neng New Year’s Koi” raffle by the parties exceeds 50,000 yuan, which violates the provisions of Article 10 (3) of the “Anti -Unfair Competition Law of the People’s Republic of China”, which constitutes unfairness In the prize sales, the law enforcement organs ordered the parties to stop the offenders immediately and fined 50,000 yuan.

Case 3: Nanjing Pilot Science and Technology Co., Ltd. Guangzhou Branch is unfairly available for sale

——The award -winning sales information is not clear, and the impact of the redeeming prize is punished by administrative penalties

After investigation, the public account “T3 Travel Guangzhou” operated by the parties released the promotional activity information of “60 yuan taxi benefits+Weizi skin care gift package” on December 10, 2020. The activity information does not have a clear type of coupon, quantity and use rules, etc. The prerequisite for the number and amount of the consumption and amount set in the use of information, and the amount of consumption set by the use of the coupon has caused some consumers to fail to obtain a discount of 60 yuan in the end, which is inconsistent with the information such as the “60 yuan gift package” promoted in the article.

The parties carried out promotional activities, and there was a situation of unclear prize sales information and impacting the prize. The behavior violated the provisions of Article 10 (1) of the “Anti -Unfair Competition Law of the People’s Republic of China”, which constituted an improper prize sales Behavior. The law enforcement organs order the parties to stop illegal acts immediately and fined 50,000 yuan.

Case 4: Zhongshan Jinsha Industrial Co., Ltd.

——The maximum prize -winning sales of the prize -prize -prize sales exceeded 50,000 yuan by administrative penalties

After investigation, the parties carried out the “Time China”, WeChat Mini Program “Time+” through the WeChat public account of the affiliated enterprise, the Weibo account “Time China”, and the WeChat Mini Program “Time+” The prize sales activities, the prize is set to “1 set of 10 years of use in the small Manchu (Zhongshan)”. On December 22, 2020, the parties signed the “Notice of the Award in the” All Pour 1 Yuan Good House “event with the winning users. The parties paid 78,000 yuan to the winning users through the” Notice “agreement.

The parties conducted a lottery sales activities, and the maximum prize amount exceeded 50,000 yuan of behavior violated the provisions of Article 10 (3) of the “Anti -Unfair Competition Law of the People’s Republic of China”, constituing improperly prize sales behavior. The law enforcement organs order the parties to stop illegal acts immediately and fined 50,000 yuan.

Case 5: Renrenle Chain Commercial Group Co., Ltd.

——The lottery information is not clear, and the impact of the redeeming prize is punished by administrative penalties

After investigation, the parties carried out two issues on November 28, 2020 and December 28, “PLUS Member Enjoyment Emotional Lucky Lucky Lucky Lucky Lucky Backs of Guizhou Feitian Moutai 1499 yuan to buy qualification vouchers”, but the parties in the first phase of the event details There is no clear drawing of 10,000 “Guizhou Feitian Maotai 1499 yuan to buy qualification vouchers” whether the total number of two phases or the number of each period; the parties do not clearly announce the prize “Guizhou Feitian Maotai 1499 yuan purchase qualification in the second phase of the event. The number of vouchers “or winning probability.

The parties who did not clearly announce the number of prizes or the probability of winning prizes violated the provisions of Article 13, paragraph 1 of the “Interim Provisions of the Promotional Promotional Behavior”. The law enforcement organs order the parties to stop illegal acts immediately and fined 100,000 yuan.

Case 6: Dongguan Deyao Fishing Collection Co., Ltd.

——In intentional setting list of winning prizes

After investigation, the parties held two “Double Eleven” award sales activities at the Tmall Online Store “De Island Flagship Store” operated on November 11, 2020, respectively. And the top 30 consumers who set up orders (products are HK second -generation fishing ships and SA fishing wheels) and complete the payment during the 22nd point, and have a prize -free sales for their free orders. When the staff of the parties sorted out and publicized the list of the above two events, they set the winning places by fabricating the order information of the false winners, and presented the winning product to the acquaintance.

The parties deliberately made the deceptive method of winning the internal personnel to sell award sales, which violated the provisions of Article 10 (2) of the “People’s Republic of China Anti -Unfair Competition Law”, which constituted improper prize sales behavior. The law enforcement organs order the parties to stop illegal acts immediately and fined 50,000 yuan.

Case 7: Kaiping City Changsha Yuehao Jewelry Golden Bank and Kaiping Changsha Port Haojin Jewelry Gold Bank

——The maximum prize amount of the lottery activity exceeds 50,000 yuan.

After investigation, Changsha Yuehao Jewelry Jinxing (one of the parties) and Kaiping Changsha Port Haojin Jewelry Jinxing (2 of the parties) from December 8, 2020 to January 3, 2021, jointly launched There is a lottery sales event for the “3rd Kaiping Jewelry Festival to buy gold and sending a car”. The parties promoted the “Buy Gold and Delivery Value of 79900 Local Local Awards SUV Cars (10 Years of Use)” in their stores and WeChat public accounts. Consumers can get a lottery voucher for the content of the WeChat circle of friends by forwarding the content of the award -winning sales activity or every 200 yuan consumption in the parties’ stores to participate in the lottery. The prize sales event was completed on January 3, 2021. According to the “Price Conclusion Conclusion” of the Kaiping City Price Certification Center, the car on January 3, 2021 on the benchmark date is 85,000 yuan. Based on the minimum depreciation rate of 75%, the 10 -year use right value of the prize “Jetu SUV” car is 63,750 yuan.

The party’s behavior violates the provisions of Article 10 (3) of the “Anti -Unfair Competition Law of the People’s Republic of China”. The law enforcement organs order the parties to stop illegal acts immediately, and fined 50,000 yuan for the above parties.

Link: Related laws and regulations:

1. “Anti -Unfair Competition Law of the People’s Republic of China”

Article 10: The operator shall not have a prize sales.

(1) The types of prizes, redeeming conditions, bonuses, or prizes such as the awards are unclear, which affects the redeeming prize;

(2) Use a prize or deliberately let the internal personnel win the prize for prize sales;

(3) Lucky prize sales, the highest amount of the highest prize exceeds 50,000 yuan.

2. “Interim Provisions on Regulating Promotional Behavior”

Article 5: Operators to carry out promotional activities should be true and accurate, clearly awaken the target to show activity information, and shall not use false business information, fictional transactions or evaluations to make false or misunderstanding of commercial propaganda, deceive, mislead consumers or related public public Essence

Article 13: Before a prize sales, the operator shall clearly announce the types of prizes, participation conditions, participation methods, lottery time, lottery method, prize amount or prize price, prize product name, prize type, number of prizes, or win prizes, redemption prizes Time, redeeming conditions, redeeming methods, prize delivery methods, abandoned conditions, organizers and contact information shall not be changed, not additional conditions, and shall not affect the redemption of the prize, except for consumers.

Article 16: The operator shall be sold for prizes, and shall not adopt the method of deceiving the internal employees, designated units or individuals, etc.

Article 17: The amount of the highest prize of the lottery sales shall not exceed 50,000 yuan. If one of the following circumstances, the amount of the highest prize is more than 50,000 yuan:

(1) The highest prize is set to multiple prizes, of which the maximum prize amount of any winner is more than 50,000 yuan;

(2) If the same award ticket or the purchase of the product has two or more award -winning opportunities, the cumulative amount exceeds 50,000 yuan;

(3) If the right to use rights and services is used as a prize, the market price of the right to use and service of the item exceeds 50,000 yuan;

(4) If the online virtual items such as game equipment and accounts are used as prizes, the market price of the item exceeds 50,000 yuan;

(5) If the price reduction, discount, discount, etc. are used as prizes, the price reduction, discounts, discounts and other interests will be converted by more than 50,000 yuan;

(6) If the lottery, lottery tickets, etc. are used as prizes, the maximum prize amount of the lottery and lottery vouchers exceeds 50,000 yuan;

(7) In the name of providing employment opportunities, hiring as a consultant, and setting rewards in the method of paying salary, the highest prize amount exceeds 50,000 yuan;

(8) Lucky prize sales in other forms, with a maximum prize amount of more than 50,000 yuan.

Text/Guangzhou Daily · Xinhua City Reporter: He Ying Si Correspondent: Yue City Supervision

Title Picture/Guangzhou Daily · Xinhua City Reporter: Chen Youzi

Guangzhou Daily · Xinhuacheng Editor: Su Shiqian

(1) Basic case circumstances

(1) Basic case circumstances

(1) Basic case circumstances

(1) Basic case circumstances

(1) Basic case circumstances

(1) Basic case circumstances

(2) Punishment results

(2) Punishment results

(2) Punishment results

(2) Punishment results

(2) Punishment results

(2) Punishment results

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