A private exhibition company based in Guangdong earned its reputation after organizing exhibitions of an industry for more than 10 years. A well-known exhibition company based in Shanghai cooperated with a foreign company and introduced a world-renowned exhibition brand of that specific industry to China. The two also decided to hold exhibition in Guangdong. In order to hinder the entry of its competitors, the Guangdong-based company filed complaints with the Administration of Industry and Commerce of Guangdong and Shanghai, claiming that the Shanghai-based company had committed false publicity and requiring the administration mete out punishment. After investigation, it was found that no false publicity was committed. Therefore, no administrative punishment was made.
The Guangdong-based company proceeded to file a lawsuit with the local court on the ground that false publicity had been made. Mr. Yang and his team advised the Shanghai-based company in its collection of evidence, and helped it handle and cooperate with the investigation launched by the Administration of Industrial and Commercial. In order to meet the higher requirement of providing proof as set up by the court, Mr. Yang and his team fully employed evidence preservation tactics such as notarization, and collected a lot of evidence to refute the opposing party’s claim. The legal team also pointed out that the company had abused its right to sue as a measure of unfair competition. Eventually, the court ruled in the Shanghai-based company’s favor and overruled all the claims made by the Guangdong-based company.
杨春宝一级律师简介
常见法律问题
如何认定展览公司的宣传行为构成虚假宣传?
根据《反不正当竞争法》第八条,虚假宣传指对商品或服务作虚假或引人误解的商业宣传。具体到展览公司,需审查其宣传内容(如展会规模、参展商数量、品牌授权等)是否与事实不符,且足以误导相关公众。本案中,上海公司引入国际品牌并合作办展,宣传内容有据可查,调查后未发现虚假,故不构成。实务中,行政机关会结合宣传材料、合同、授权文件等客观证据综合判断。
举报竞争对手虚假宣传但查无实据,举报人需承担什么法律后果?
若举报人恶意捏造事实或滥用行政举报权利,可能构成商业诋毁(《反不正当竞争法》第十一条),需承担民事责任。但本案中,广东公司仅是举报,未公开散布虚假信息,且调查未发现虚假宣传,故未受处罚。实务中,若举报内容明显失实且造成对方损失,被举报方可起诉要求赔偿。但单纯向行政机关举报,如无恶意,一般不直接构成不正当竞争。
行政机关对虚假宣传举报的调查程序及不予处罚后,举报人能否复议或诉讼?
行政机关收到举报后,应依法核查证据,决定是否立案。本案中,工商部门经调查认定无虚假宣传,作出不予处罚决定。根据《行政处罚法》及《行政复议法》,举报人对不予处罚决定不服,可申请行政复议或提起行政诉讼,但需证明其与处理结果有法律上利害关系。实务中,举报人仅作为竞争者,若行政机关未侵犯其公平竞争权,法院可能不予受理。
以上内容仅供参考,不构成法律意见。如需专业法律服务,请联系杨春宝一级律师:chambers.yang@dentons.cn




