Anti-Unfair Competition Law of the People's Republic of China

Anti-Unfair Competition Law of the People's Republic of China
Anti-unfair Competition Law of the People's Republic of China

Order of the President [1993] No.10

September 2, 1993

Chapter I General Provisions

Article 1 The Anti-unfair Competition Law of the People's Republic of China (hereinafter referred to as the "Law") is hereby formulated for the purpose of ensuring the healthy development of the socialist market economy, encouraging and protecting fair competition, preventing acts of unfair competition, and safeguarding the legitimate rights and interests of operators and consumers.
(Relevant articles: Cases 1)

Article 28 Where an operator commits an act in contravention of an order to temporarily stop selling, and not to remove, conceal or destroy, property related to acts of unfair competition, relevant control and inspection authority may, according to circumstances, impose a fine of not less than one time but not more than three times the price of the property that has been sold, removed, concealed or destroyed.

Article 29 Where a party refuses the decision on punishment made by relevant control and inspection authority, such party may, within 15 days upon receipt of the decision on punishment, apply to the competent authority at the next higher level for reconsideration; where the party refuses the decision made after reconsideration, such party may, within 15 days upon receipt of the written decision made after reconsideration, institute proceedings in a people's court; the party may also directly institute proceedings in a people's court upon receipt of the decision on punishment.

Article 30 Where a local government and its subordinate departments, in contravention of the provisions of Article 7 of the Law, force others to buy the goods of the operators designated by them, restrict the legitimate business activities of other operators, or restrict the normal flow of goods among regions, the higher authorities shall order them to rectify the situation; where the circumstances are serious, the competent authorities at the same level or the next higher level shall take disciplinary sanctions against the persons directly liable.
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