Workflow
不正当竞争
icon
Search documents
“我们很专业,但证是自己印的” 记者揭秘渠道医美乱象
Sou Hu Cai Jing· 2025-11-02 07:08
Core Insights - The article highlights the issues and risks associated with the "channel medical beauty" model, where medical beauty institutions rely on intermediaries for customer acquisition, often leading to high commission fees and potential misrepresentation of services [1][28]. Group 1: Company Operations - Shenzhen Jiexika Medical Health Industry Group is actively recruiting agents nationwide, with over 200 branches established across 27 provinces [1]. - The company claims an annual revenue of approximately 10 to 20 billion [1]. - The channel manager indicates that the commission rate for intermediaries typically ranges from 50% to 55% for outstanding performance [2]. Group 2: Product Claims and Legal Issues - Jiexika promotes a high-end project called "Slimming Health," claiming a 70% repurchase rate and exclusive rights to the "NCGCF Cell Regulation Factor" technology [2]. - Investigations reveal that the patents related to "NCGCF" are either expired or were rejected, indicating that the claims of exclusive patent ownership are misleading [3][5]. - Legal experts assert that the company's marketing practices constitute false advertising and unfair competition under Chinese law [5]. Group 3: Marketing Practices and Consumer Experience - The article describes a trend of excessive marketing and service imbalance in channel medical beauty, where institutions prioritize short-term profits over quality service [26][28]. - In Wuhan's "Yue Ta" medical beauty clinic, male consultants are employed to attract female customers, and there are reports of unqualified personnel performing procedures without proper medical oversight [6][9]. - Membership systems are in place, with consumers expressing regret over high membership fees, indicating potential traps in the marketing strategy [11]. Group 4: Regulatory Environment and Recommendations - Experts emphasize the need for a regulatory framework specific to the medical beauty industry to address the lack of standards and oversight [29][30]. - Recommendations include implementing a "挂牌亮证" (displaying qualifications) system to verify the credentials of medical beauty consultants and enhancing regulatory enforcement against false advertising and excessive commissions [30][32]. - The article concludes that the medical beauty industry should prioritize safety and quality over profit-driven motives to ensure consumer trust and industry integrity [32].
因“九期一”学术营销违规 绿谷医药被处罚40万元
Core Points - The Shanghai Pudong New District Market Supervision Administration has imposed an administrative penalty of 400,000 RMB on Green Valley (Shanghai) Pharmaceutical Technology Co., Ltd. for commercial bribery related to the promotion of the drug "Jiuqi Yi" (Mannitol Capsules) [1][2] - The company engaged in systematic and covert practices to influence doctors' prescription decisions by providing "lecture fees" and hosting banquets, starting from July 2022 until July 2024 [1][2] Summary by Sections Administrative Penalty - Green Valley Pharmaceutical was fined 400,000 RMB for violating the Pharmaceutical Administration Law by providing improper benefits to physicians [2] - The company conducted 587 academic meetings during the two-year period, with total payments amounting to 609,800 RMB for lecture fees and 223,600 RMB for dining expenses [2] Regulatory Findings - The regulatory body found no direct correlation between the payments made and the procurement amounts of "Jiuqi Yi" at the hospitals involved, leading to no recognition of illegal gains [2] - The actions of Green Valley Pharmaceutical were deemed to constitute commercial bribery, violating Article 88 of the Pharmaceutical Administration Law [2] Mitigating Factors - The regulatory authority considered the duration and severity of the violations, but also noted that this was the company's first offense and that it cooperated with the investigation and ceased the illegal payments [2] - The penalty was determined to be lighter due to the company's corrective actions following the incident [2] Operational Changes - In June 2023, Green Valley Pharmaceutical announced the closure of offices and production areas related to Mannitol Capsules, with operations halted as of May 30, 2025, due to the expiration of the drug's registration certificate [3]
京东“指责”抖音操纵平台舆论
YOUNG财经 漾财经· 2025-10-30 13:02
Group 1 - The core issue revolves around a 5 million yuan penalty notice sent by JD.com to Midea Group, which has sparked discussions about potential "choose one" practices in the market [3] - JD.com has denied the allegations of "choose one" practices, asserting that Midea has also clarified the misinformation surrounding the reports [3] - JD.com claims that the rumors have gained traction on platforms like Douyin and Toutiao, suggesting possible manipulation of public opinion and unfair competition by these platforms [3]
京东“指责”抖音操纵平台舆论
第一财经· 2025-10-30 11:30
Core Viewpoint - A notice of a 5 million yuan penalty from JD to Midea has circulated since October 28, but JD denies the allegations of "choose one" practices [1] Group 1: Allegations and Responses - JD has acknowledged the rumors of "choose one" practices circulating on platforms like Douyin and Toutiao, stating that Midea has also clarified that the related reports are false [1] - JD's executive Yang Xu indicated that the rumors have gained traction on social media, suggesting that there are signs of manipulation behind the scenes to confuse public perception [1] - JD claims it lacks influence on the Douyin platform, accusing it of using its content platform advantages to manipulate public opinion, which they consider an unfair competitive practice [1]
京东“指责”抖音操纵平台舆论
Di Yi Cai Jing· 2025-10-30 11:29
Group 1 - The core issue revolves around rumors of "choose one" (二选一) practices involving JD.com and Midea, which JD.com claims are unfounded and manipulated by platforms like Douyin and Toutiao to confuse users [1][3] - JD.com's representative, Yang Xu, stated that JD.com lacks influence on Douyin and accused the platform of using its content advantages to manipulate public opinion, which he described as unfair competition [1] - A notice regarding a 5 million yuan penalty sent by JD.com to Midea has circulated since October 28, but JD.com has denied the resulting "choose one" allegations [3]
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].