不正当竞争
Search documents
涉嫌不正当竞争及违反欧盟数据保护法规 西班牙法院裁定Meta(META.US)向数字媒体机构赔偿5.5亿美元
智通财经网· 2025-11-20 10:59
智通财经APP获悉,西班牙一法院裁定,Meta(META.US)须向西班牙数字媒体机构支付4.79亿欧元(约合 5.52亿美元),原因是不正当竞争行为以及违反欧盟数据保护法规。据悉,马德里商业法院周四表示, 这笔赔偿金将支付给87家数字新闻出版商和通讯社,原因与Meta在Facebook和Instagram上使用个人数据 进行行为定向广告有关。该法院指出,这家美国科技巨头通过非法处理用户数据,在西班牙在线广告市 场取得了"显著的竞争优势"。法院还表示,Meta违反了欧盟《通用数据保护条例》(GDPR),因此也违 反了西班牙的反垄断法。 西班牙政府也正针对Meta涉嫌的隐私违规采取行动。西班牙首相佩德罗·桑切斯周三表示,众议院委员 会将调查Meta涉嫌使用隐藏机制追踪安卓设备用户的网络活动。Meta则表示将与西班牙官员合作处理 此事。 值得一提的是,法国目前也在审查一项类似的索赔。西班牙法院这一可上诉的裁决是Meta在欧洲面临 的一系列罚款中的最新一起。去年,欧盟委员会因Meta将其在线分类广告服务Facebook Marketplace与 社交网络Facebook捆绑销售、并对其他在线分类广告服务提供商施加不 ...
倒卖海底捞优惠券,线上店铺被判赔30万
Yang Zi Wan Bao Wang· 2025-11-14 11:57
Group 1 - The court in Hangzhou ruled against a platform that engaged in unfair competition by reselling Haidilao discount coupons through unauthorized means, including "order payment" methods [2][4] - The court ordered the infringing store to cease its activities and pay Haidilao 300,000 yuan in economic damages [4] - Haidilao has been actively addressing issues related to the unauthorized sale of discount coupons, emphasizing consumer protection and the enforcement of legal actions against such practices [6] Group 2 - There have been numerous reports of consumers being defrauded when purchasing discount coupons from third-party channels, leading to financial losses [6] - In May 2024, Haidilao issued a statement to combat illegal profit-making activities, including the unauthorized rental or sale of membership rights, and outlined measures such as account freezing and legal accountability [6]
3000万元判赔,划定数据权益保护边界
Xin Hua Ri Bao· 2025-11-12 00:29
Core Points - The case involving the software "Xiao Wang Shen" highlights the issue of unfair competition in the e-commerce sector, leading to a court ruling that ordered the defendants to pay 30 million yuan for their actions [1][4][6] - The ruling clarifies the legal boundaries of data rights protection in the digital economy, addressing the gray area of data scraping and its implications for data security and privacy [1][7] Group 1: Case Background - "Xiao Wang Shen" software gained popularity for its features that allowed users to easily access competitors' sales data and download product images, which were deemed as unfair competitive practices [1][3] - The software operated by reverse-engineering the data protection algorithms of a legitimate e-commerce analytics tool, "Shengyi Canmou," effectively restoring sensitive data that should have been protected [3][4] Group 2: Legal Proceedings - The e-commerce platform filed a lawsuit against the developers of "Xiao Wang Shen" in November 2023, focusing on whether the platform had rights to its commercial secrets and data, and if the defendants engaged in unfair competition [4][5] - The court determined that while some data could be classified as commercial secrets, the broader collection of data created through user authorization also warranted protection under unfair competition laws [5][6] Group 3: Court Ruling and Implications - The court ruled that "Xiao Wang Shen" violated data rights by undermining the competitive advantage of the legitimate analytics tool, leading to a significant loss of revenue for the e-commerce platform [5][6] - The ruling established a layered protection system for data rights, distinguishing between commercial secrets, competitive rights over public data, and the original data based on collection legality [7][8] Group 4: Industry Impact - Following the ruling, the companies involved in "Xiao Wang Shen" began to dissolve operations and delete data, indicating a significant shift in the operational landscape of data scraping in e-commerce [7] - The case aligns with national policies aimed at enhancing data rights protection, as new amendments to the Anti-Unfair Competition Law were introduced to prohibit the improper acquisition and use of legitimate data [8]
手一抖就跳转 App电商广告不能成“牛皮癣”
Xin Jing Bao· 2025-11-11 02:09
Core Viewpoint - The article highlights the increasing prevalence of intrusive "full-screen ads" in mobile applications, particularly during major shopping events like "Double 11," which disrupt user experience and infringe on consumer rights [1][2][3]. Group 1: User Experience and Privacy Concerns - Many commonly used mobile apps exhibit issues where slight movements or accidental touches lead to automatic redirection to e-commerce apps, often without clear user consent [1][2]. - The sensitivity settings of these apps are often adjusted to a level that makes it difficult for users to control or even perceive their actions, leading to unintended app launches [2]. - Some apps collect user browsing history and search data in the background to create user profiles for targeted advertising, raising significant privacy concerns [2]. Group 2: Regulatory Response and Industry Accountability - The Ministry of Industry and Information Technology (MIIT) issued a notice in February 2023, mandating that apps provide clear and effective close buttons for pop-up ads and avoid frequent interruptions to user experience [2][3]. - The Hangzhou Yuhang District Market Supervision Administration has begun investigating reports related to these intrusive ads, indicating a growing regulatory response to protect consumer rights [2][3]. - E-commerce platforms, while not the direct publishers of these ads, bear responsibility as beneficiaries of the traffic generated by such advertising practices, emphasizing the need for ethical advertising standards [3]. Group 3: Long-term Implications for the Industry - The article warns that aggressive competition through unethical advertising practices will ultimately erode consumer trust and loyalty, which are essential for sustainable growth in the e-commerce sector [3]. - Social media, short video, and news platforms must take proactive measures to comply with advertising laws and protect user information to maintain their user base [3]. - A collaborative effort is necessary to eliminate "advertising pollution" in the mobile internet space, ensuring a better user experience [3].
京津冀发布“双11”消费提示:防促销陷阱、不得排他推荐
Bei Jing Shang Bao· 2025-11-03 16:17
Core Viewpoint - The regulatory authorities in Beijing, Tianjin, and Hebei have issued consumer guidance and compliance instructions for e-commerce platforms ahead of the "Double 11" shopping festival, emphasizing the importance of rational consumption and awareness of potential shopping traps [1] Consumer Guidance - Consumers are advised to conduct thorough research, compare prices, and choose reputable e-commerce platforms with good reviews [2] - It is crucial for consumers to understand promotional rules and be cautious of hidden traps in sales activities, such as false discounts and non-refundable deposits [2] - Consumers should verify product quality upon delivery and can refuse to accept goods that do not match the order specifications [3] Platform Compliance - E-commerce platforms are prohibited from forcing sellers to sell below cost or participate in subsidy activities that disrupt market order [3] - Platforms must retain seller identity information for at least three years after they exit the platform and maintain transaction records for a minimum of three years post-transaction [4] - Platforms are required to ensure accurate and timely disclosure of transaction information and comply with regulatory oversight [4]
“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
Zhong Guo Jing Ying Bao· 2025-11-02 04:15
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]