不正当竞争
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宣传与实际不符,北京二锅头酒业股份有限公司被罚
Zhong Guo Xin Wen Wang· 2025-10-30 06:22
Core Viewpoint - Beijing Erguotou Distillery Co., Ltd. was fined 15,000 yuan for violating the Anti-Unfair Competition Law due to misleading product labeling [1][2][4] Administrative Penalty Information - The administrative penalty was issued by the Beijing Economic and Technological Development Zone Management Committee [2] - The violation involved the use of misleading labels on multiple products, which were found to be in violation of the Anti-Unfair Competition Law and Trademark Law [2][4] - The company acknowledged the oversight and has initiated a recall of the affected products, offering exchanges or refunds to consumers [4] Product Details - The company produced several products with labels such as "Yongfeng 1163 Palace Tribute Wine" and "Yongfeng 1163 Tribute Royal Wine" [4] - All products were reported to be of good quality and met safety standards, but the promotional claims were not substantiated by historical evidence [4] - The total value of the affected products was approximately 148,500 yuan, with various production batches recalled [2][4] Company Background - Beijing Erguotou Distillery Co., Ltd. was established in August 2002, evolving from the state-owned Beijing Daxing Distillery founded in October 1949 [5]
京东双11出新规:对商家实施“定价约束”,不能卖得比京东便宜
Sou Hu Cai Jing· 2025-10-25 08:45
Core Viewpoint - The annual "Double 11" shopping festival has intensified, with major e-commerce platforms like Taobao, JD.com, and Douyin ramping up promotional strategies, but there are emerging concerns regarding these practices [1] Group 1: JD.com's New Pricing Restrictions - JD.com has introduced new operational requirements during the "Double 11" period, limiting brands' cross-platform marketing activities, including prohibiting the use of terms suggesting lower prices [2][4] - Brands are reportedly under pressure to comply with JD.com's pricing constraints due to their high dependency on the platform for sales, with some brands having over 50% of their sales coming from JD.com [4][5] - JD.com has established a monitoring team to oversee pricing across platforms, imposing severe penalties for non-compliance, which can reach millions, with fines of up to 5 million for a single product [6] Group 2: Industry Reactions and Implications - Industry insiders suggest that JD.com's actions are a defensive strategy in response to changing e-commerce dynamics, particularly as live streaming and short video sales channels gain traction and divert users from JD.com [6][8] - The pricing restrictions primarily affect brands in the consumer goods and 3C electronics sectors, indicating JD.com's focus on maintaining its competitive edge in these areas [7][8] - Experts warn that these pricing restrictions may raise concerns about price monopoly and unfair competition, potentially attracting regulatory scrutiny in the future [11]
用重罚来逼迫商家“限价”,京东在焦虑什么?
Sou Hu Cai Jing· 2025-10-25 08:24
Core Viewpoint - JD.com has implemented strict pricing measures during the Double 11 shopping festival, monitoring merchants' prices on other platforms and imposing heavy penalties for any price discrepancies, raising concerns about potential price monopoly and unfair competition [5][7][21] Group 1: Pricing Measures and Merchant Impact - JD.com has established a monitoring team to track merchants' prices on other platforms, threatening penalties of up to 5 million yuan for price violations, regardless of platform subsidies [6][7] - Merchants are restricted from offering discounts or promotions on platforms like Douyin, which limits their operational freedom and raises dissatisfaction among brands [5][6] - Legal experts suggest that JD.com's actions may constitute price monopoly and unfair competition due to its dominant market position [5][7] Group 2: Growth Concerns and Market Dynamics - JD.com has experienced significant growth due to national subsidy policies, but faces challenges in maintaining this growth as competitors catch up and consumer demand shifts [10][12] - The company's retail revenue for Q3 2024 reached 224.99 billion yuan, a 6.1% year-on-year increase, but concerns arise as the home appliance market shows signs of decline [10][12] - The anticipated drop in the home appliance market could negatively impact JD.com's performance, as these categories are crucial to its revenue [12][20] Group 3: Competitive Landscape and Strategic Moves - JD.com is increasingly pressured by competitors like Alibaba, Pinduoduo, and Douyin, losing its market position and struggling to find new growth engines [20] - The company has ventured into the food delivery market with a "zero commission" strategy, but faces challenges from established players like Meituan and Ele.me [14][15] - Significant losses in new business ventures, including food delivery, have led to a 51% drop in net profit for JD.com in Q2 due to high operational costs [17][20]
包装“撞脸”触发乳制品行业巨头纷争
Zhong Guo Ji Jin Bao· 2025-10-17 07:02
Core Points - The recent court ruling in the unfair competition dispute between China's dairy giants Yili and Mengniu has concluded, with the Jiangsu Provincial High Court upholding the original judgment, ordering Mengniu to cease its unfair competition practices and compensate Yili 5 million yuan [1][4]. Summary by Sections Legal Dispute - The case primarily revolves around the packaging design similarities between Yili's "Jindian" pure milk and Mengniu's "Selected Pasture" pure milk, which Yili claims constitutes substantial imitation [3][4]. - Yili upgraded the packaging of "Jindian" in 2020, establishing a high-end brand image, while Mengniu's similar packaging was launched in late 2023, leading to Yili's lawsuit in May 2024 [3][4]. Court Findings - The court ruled that while individual elements like green, pastures, and cows are common in the industry, the unique combination of these elements in Yili's packaging is legally protected [4]. - The court noted that Mengniu's failure to prominently display its well-known brand name further increased the likelihood of consumer confusion [4]. Financial Impact - The court ordered Mengniu to pay Yili a total of 5 million yuan for economic losses and reasonable expenses incurred to stop the infringement, while rejecting Yili's request for a public statement to mitigate the impact [4]. - Yili's "Jindian" pure milk sales from 2021 to mid-2024 totaled 6.458 billion yuan, with a market share of 11.33%, compared to Mengniu's 0.13% for "Selected Pasture" during the same period [5]. Industry Context - Both Yili and Mengniu are leading players in China's dairy industry, with Yili reporting a revenue of 61.777 billion yuan in the first half of 2025, a 3.49% increase year-on-year, while Mengniu's revenue was 41.567 billion yuan, a 6.9% decline [5]. - The ruling sends a strong message about the importance of brand, quality, and innovation in market competition, emphasizing the need for companies to protect their innovative achievements and adhere to competitive regulations [5].
蒙牛被判赔偿伊利500万元
财联社· 2025-10-17 00:58
Core Viewpoint - The recent legal dispute between two major domestic dairy companies, Yili and Mengniu, regarding unfair competition has been resolved, with the court ruling in favor of Yili and ordering Mengniu to cease its unfair practices and compensate Yili 5 million yuan for economic losses and reasonable expenses [2][7]. Summary by Sections Background of the Dispute - Yili's "Jindian" pure milk product, launched in 2006, has become a well-known brand with cumulative sales reaching hundreds of billions yuan and a market share of approximately 10% in the liquid milk sector by the end of 2023 [2]. - Mengniu's "Selected Pasture" milk, introduced at the end of 2023, raised concerns for Yili due to similarities in packaging design, including color schemes and layout [2][3]. Court Proceedings - Yili filed a lawsuit after unsuccessful negotiations, seeking 20 million yuan in damages and a public statement to eliminate the impact of the alleged infringement [3]. - The court proceedings focused on the likelihood of confusion and the similarity of packaging between the two products, with evidence showing that 82.6% of surveyed individuals found the packaging similar [4]. Arguments from Both Companies - Mengniu argued that the design elements used are common in the dairy industry and that their packaging has distinct features, claiming that the "Selected Pasture" brand has established market recognition [5]. - The court found that Yili's packaging has significant influence and distinctiveness, and the similarities in design could lead to consumer confusion [6]. Court's Ruling - The Nanjing Intermediate Court ruled that Mengniu's packaging closely resembled Yili's, leading to a judgment that Mengniu must pay 5 million yuan to Yili [7]. - The Jiangsu High Court upheld the lower court's decision, emphasizing that the overall visual effect and design style of the two products were sufficiently similar to cause confusion among consumers [11]. Legal Standards and Considerations - The Jiangsu High Court clarified that while common elements exist in the dairy industry, the specific expression and arrangement of these elements in Yili's packaging provide it with distinctiveness [9]. - The court also highlighted the importance of considering both actual confusion and the potential for confusion when evaluating the case [10].
蒙牛包装“撞脸”伊利构成不正当竞争 判赔500万元
Zheng Quan Shi Bao Wang· 2025-10-17 00:48
Core Viewpoint - The recent legal dispute between two major domestic dairy companies, Yili and Mengniu, has concluded with the Jiangsu Provincial High People's Court upholding the original ruling, ordering Mengniu to cease unfair competition practices and compensate Yili with a total of 5 million yuan for economic losses and reasonable expenses [1] Summary by Relevant Sections Legal Outcome - The Jiangsu Provincial High People's Court rejected appeals from both Yili and Mengniu, maintaining the original judgment [1] - Mengniu is required to immediately stop its unfair competition behavior [1] - Compensation awarded to Yili amounts to 5 million yuan [1] Background of the Dispute - In August 2020, Yili launched a new packaging design for its "Jindian" milk, created by a professional design company, featuring a distinctive visual style [1] - By the end of 2023, Mengniu introduced its "Selected Pasture" milk, which raised concerns from Yili due to similarities in packaging [1] - Both products utilized a "milky white background + dark green elements" color scheme, with similar font styles and placements for key product information [1] - The dispute escalated after unsuccessful negotiations, leading Yili to file a lawsuit in the Nanjing Intermediate People's Court [1]
反内卷需要法律“明文规定”
Ren Min Wang· 2025-10-16 04:32
Core Points - The newly revised Anti-Unfair Competition Law of the People's Republic of China officially took effect on October 15, addressing challenges in the digital economy and providing stronger legal protections for both operators and consumers [1] - The law specifically targets "involution" in the market, prohibiting platform operators from forcing or indirectly compelling sellers to sell products below cost, with regulatory authorities empowered to investigate such practices [1][5] - The law aims to reshape market competition logic, emphasizing value competition based on quality, technology, service, brand, and innovation rather than destructive price wars [5][6] Summary by Sections Legal Framework - The revised Anti-Unfair Competition Law has undergone three amendments to better address the issues arising in the digital economy and to safeguard consumer rights [1] - It establishes a dual defense mechanism of "self-inspection by platforms + regulatory oversight" to ensure compliance with the law [1] Market Dynamics - "Involution" refers to irrational and destructive competition, where market players engage in price wars rather than improving quality or services, leading to negative externalities [3] - Examples of extreme low-price promotions, such as "2,000 mAh for 14.5 yuan," highlight the risks to product safety and public welfare [3][4] Long-term Implications - The law is seen as a necessary measure to combat the systemic damage caused by involution, which can lead to market monopolization and ultimately higher prices and fewer choices for consumers [4][5] - By defining below-cost sales that disrupt market order as illegal, the law provides clear guidelines for market participants and enforcement agencies [5] Economic Development - The legal provisions are intended not only to address current market order issues but also to support the long-term high-quality development of the Chinese economy [6]
未注册成商标的人民咖啡馆,却有了近60家模仿者
Qi Lu Wan Bao Wang· 2025-10-15 05:30
"用咖啡讲述中国故事"——这句颇具噱头的口号,让一家以红色文化为装潢特色的咖啡馆"人民咖啡馆"迅速成为社交平台网红,从上海的四行仓库到北京 的前门大街,再到哈尔滨的中央大街和重庆的十八梯,金色五角星、老式的搪瓷缸、充满红色能量的醒目标语,吸引了一众消费者前去打卡,从2021年的 1家店,发展成目前近30家的规模并在持续扩张中。 人民咖啡馆的饮品定价 低价是其另一大"杀手锏"。记者打开点单小程序看到,该店咖啡价格区间为9.8元/杯—19.8元/杯,美式咖啡仅售9.8元,比同商圈星巴克便宜一半还多,精 准吸引了学生党与上班族群体。凭借"红色怀旧+高性价比"组合,其门店工作日下午常处于满座状态,部分门店甚至需要排队。小红书上分享咖啡馆打卡 拍照的多个帖子点赞量在100+以上。 在流量红利下,模仿者迅速蔓延。记者在抖音平台检索发现,从山东枣庄、临沂到河北衡水、陕西榆林、辽宁丹东,全国已出现近60余家名称、装修高度 相似的"人民咖啡馆"。当记者以消费者身份致电山东某门店,询问是否为直营时,店员表示"不清楚,需问老板",随即挂断电话;而另一地区的模仿店则 直接在简介中标注"加盟咨询",报价5万元即可"复制全套模式"。记者 ...
宗馥莉辞职早有端倪 律师称“娃小宗”与娃哈哈存在不正当竞争风险
Di Yi Cai Jing· 2025-10-11 11:25
宗馥莉此前在采访中表示,快消行业从来都是变幻莫测的,计划不可能一成不变。很多人觉得战略就是 定下五年、十年的计划,然后照着去做。但在快消行业,消费者的喜好、市场格局、经济环境,几乎每 天都在变化。一个五年前制定的计划,放到今天很可能已经完全不适用。 宗馥莉的上述话语如今在业界看来,就是一直在以自己为中心布局,无论是娃哈哈还是"娃小宗",都是 宗馥莉在给自己铺设一条相对最适合自己的道路,变化是一直存在的。所以她的辞职也是经历了各类复 杂事件后所做的目前最适合自己的举措。 曾经表示"我不会因为风波改变方向"的宗馥莉,这一次来了个"急转弯"。 第一财经记者了解到,宗馥莉已于9月12日向娃哈哈集团有限公司辞去董事长等相关职务并已通过集团 股东会和董事会的相关程序。 正式上任仅1年多、2个月前还接受媒体采访表示将搭建自己的团队的宗馥莉为何突然辞职?第一财经记 者10月11日梳理宗馥莉此前的公开言论后发现,宗馥莉的辞职与注册"娃小宗"早有端倪。 宗馥莉要坚持做自己 宗馥莉曾表示,她的"定海神针"就是坚持做自己。"以前我是怎样的,现在还是怎样,我不会因为风波 改变方向。无论外界如何喧嚣,企业要走得长远靠的是脚踏实地,而不是 ...
律师称娃小宗与娃哈哈存在不正当竞争风险
Di Yi Cai Jing· 2025-10-11 11:05
Core Viewpoint - The sudden resignation of Zong Fuli from her position as chairwoman of Wahaha Group indicates a strategic shift, potentially linked to the establishment of her new brand "Wah Xiaozong" [2][4]. Group 1: Resignation and Strategic Shift - Zong Fuli resigned from her roles at Wahaha Group on September 12, just over a year after taking office, raising questions about the reasons behind her departure [2]. - Her resignation appears to be connected to her long-term vision for "Wah Xiaozong," which she has been developing alongside her role at Wahaha [4]. - Zong previously emphasized her commitment to maintaining her own direction despite external pressures, suggesting that her resignation aligns with her desire to pursue her own path [3]. Group 2: Brand Development and Market Position - The brand "Wah Xiaozong" has been in development, with the registration of trademarks and a shift in branding strategy for Wahaha Group's subsidiaries [5]. - The relationship between "Wah Xiaozong" and Wahaha Group remains uncertain, with potential for competition as both brands may target similar markets [6]. - Zong Fuli has indicated that "Wah Xiaozong" is not intended to oppose Wahaha but rather to complement it, although this could lead to conflicts in the future [6]. Group 3: Legal and Structural Considerations - The decision to change the brand name is partly due to legal risks associated with the use of the Wahaha trademark, which requires unanimous consent from shareholders [7]. - The ownership structure of Wahaha Group complicates the trademark usage, with significant stakes held by various parties, including Zong Fuli [7]. - There are indications of pre-existing tensions regarding management and operational decisions within the company, which may have influenced Zong's resignation [8]. Group 4: Future Implications - Industry experts view "Wah Xiaozong" as a defensive strategy for Zong Fuli, although its viability as a long-term solution is questioned [8]. - The registration of "Wah Xiaozong" may be seen as a necessary move in light of potential risks associated with the Wahaha brand [8]. - Zong Fuli's departure could allow her to consolidate power and influence through her new venture, leveraging existing resources from Wahaha [8].