& shy; Xiyingmen furniture square is marked with BMW propaganda everywhere
& shy; Yesterday, Mr. Lin, a citizen, called the news hotline 968800 of the evening news to reflect that Red Star Macalline and Xiyingmen furniture claimed in the promotion of the activity that they could draw Mercedes-Benz or BMW if they bought furniture, in violation of the anti-unfair competition law, “operators are not allowed to engage in lottery sales with the highest award amount exceeding 5,000 yuan”, Mr. Lin believes that both Xiyingmen and Red Star Macalline are suspected of unfair competition.
& shy; Citizens:
& shy; Lucky draw of the two companies to send famous cars
& shy; Mr. Lin said that lottery, as a common method in marketing activities, is understandable, but this kind of behavior of buying furniture and sending Mercedes-Benz to BMW is unfair competition. He said that according to Article 13 of the anti-unfair competition law, operators are not allowed to engage in lottery-style award-winning sales with a maximum award amount of more than 5,000 yuan. The value of Mercedes-Benz and BMW cars has far exceeded this limit.
& shy; Mr. Lin sent WeChat advertisements and leaflets of Fuzhou Xiyingmen to reporters. In this WeChat, the reporter saw that consumers could get raffle ticket pieces of “20 gold cars for a BMW” when they bought more than 1,000 yuan, so they had the opportunity to drive the BMW home and carry the gold home.
& shy; Yesterday morning, the reporter came to Fuzhou Xiyingmen furniture square located in Lianjiang North Road. There is a large advertisement on the store, and the advertisement with the same content is also pasted and hung on the floor, counter and ceiling of the store.
& shy; Similarly, the leaflets and handouts of the Red Star Macalline home shopping festival provided by Mr. Lin marked the Mercedes-Benz and BMW lottery. Among them, consumers can participate in the three-year lucky draw of Mercedes-Benz cars without shopping after signing in with the event tickets. In addition, consumers can participate in the three-year lucky draw of BMW cars by paying 1,000 yuan deposit with the event tickets.
& shy; At the scene, the reporter interviewed some citizens who came to consult randomly. Citizens believe that buying furniture can extract Mercedes-Benz or BMW, which is basically impossible to draw. This is to take advantage of everyone’s speculative psychology and do not know whether the merchant’s behavior is illegal.
& shy; Department:
& shy; Citizens can call 12315 to report
& shy; Mr. Lin told reporters that the anti-unfair Competition Law of the People’s Republic of China, the “several provisions on prohibiting unfair competition in prize-winning sales activities” issued by the State Administration for Industry and Commerce has made detailed provisions on prize-winning sales activities. He claimed that the amount of the highest prize for lottery sales should not exceed 5,000 yuan. If non-cash goods or other economic benefits are used as rewards, the amount should be converted according to the normal price of similar goods or services in the market during the same period, however, the value of BMW Benz is far more than 5,000 yuan. According to the regulations, the competent department can impose a fine of more than 10,000 yuan and less than 100,000 yuan yuan according to the circumstances.
& shy; In this regard, lawyer Chen of Fujian law firm believes that the merchant is actually a kind of lottery sales. Whether the lottery promotion is legal depends on whether the reward amount of an award exceeds 5,000 yuan, if the merchant really takes Mercedes-Benz and BMW as prizes, it damages the fair and fair market competition environment, which is essentially unfair competition behavior.
& shy; Chen Liushi said that according to the provisions of the anti-unfair Competition Law of the People’s Republic of China, the industrial and commercial administration department should order merchants to stop illegal acts.
& shy; Staff of Jin’an district market supervision administration said that law enforcement officers had investigated and dealt with such acts many times. If citizens encounter similar situations, you can report to the territorial management department or call 12315 or report it through Fuzhou 12345 platform. Law enforcement departments will investigate according to the clues of the whistleblower.
& shy; Last night, Mr. Lin told the reporter that he had reported illegal activities in the propaganda of Xiyingmen and Red Star Macalline activities through 12345 platforms. (Reporter Wang guanghuiwen/photo)