Unfair Competition.1.1
Unfair competition
Ling
Pre-MBA
Brant Williams
September 23, 2012
In this society, the development of economic is rapid. So competition becomes inevitable. It plays a regulatory function in balancing demand and supply. In this case, unfair competition arises at the historic moment. Unfair competition means unjust and often illegal attempt to gain unfair competitive advantage through false, fraudulent, or unethical commercial conduct. Examples include below-cost selling, counterfeiting or imitation, dumping, misleading advertising, rumor mongering, trademark or trade secret infringement. There is no doubt that these actions will bring loss to consumer. But the victims not only consumer but also include the production of value chain that has transverse relation and the suppliers that has longitudinal relation. So every country take the corresponding measures to curb unfair competition behavior. Making Anti Unfair Competition Laws is the most important way to restrain the unfair competition acts, but the construction of china’s competition legal system starts late. So compared with other countries we are lack of experience, both in legislation or in law enforcement. In addition to ordinary enterprises acts of unfair competition, it mainly divided into state-owned enterprises vs private enterprises and domestic enterprises vs foreign enterprises. The unfair competition between the state-owned enterprises and the private enterprises is a important problem. It has aroused the domestic and foreign experts attention. We can’t deny the state-owned enterprise has its necessity. It can be used to remedy the market defect or as the development strategic national industry. But the state have to cancel the unfair competition between the state-owned enterprises and private enterprises. Unfortunately, we have not, like industry access, lending discrimination, the use of national capital and market dispute and so on.( according to Zhao
Ling
Pre-MBA
Brant Williams
September 23, 2012
In this society, the development of economic is rapid. So competition becomes inevitable. It plays a regulatory function in balancing demand and supply. In this case, unfair competition arises at the historic moment. Unfair competition means unjust and often illegal attempt to gain unfair competitive advantage through false, fraudulent, or unethical commercial conduct. Examples include below-cost selling, counterfeiting or imitation, dumping, misleading advertising, rumor mongering, trademark or trade secret infringement. There is no doubt that these actions will bring loss to consumer. But the victims not only consumer but also include the production of value chain that has transverse relation and the suppliers that has longitudinal relation. So every country take the corresponding measures to curb unfair competition behavior. Making Anti Unfair Competition Laws is the most important way to restrain the unfair competition acts, but the construction of china’s competition legal system starts late. So compared with other countries we are lack of experience, both in legislation or in law enforcement. In addition to ordinary enterprises acts of unfair competition, it mainly divided into state-owned enterprises vs private enterprises and domestic enterprises vs foreign enterprises. The unfair competition between the state-owned enterprises and the private enterprises is a important problem. It has aroused the domestic and foreign experts attention. We can’t deny the state-owned enterprise has its necessity. It can be used to remedy the market defect or as the development strategic national industry. But the state have to cancel the unfair competition between the state-owned enterprises and private enterprises. Unfortunately, we have not, like industry access, lending discrimination, the use of national capital and market dispute and so on.( according to Zhao
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