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不正当竞争行为,亦称不公平交易行为、垄断行为、限制竞争行为等,其概念众说不一。我国《反不正当竞争法》第二条规定:“本法所称的不正当竞争,是指经营者违反本法规定,损害其他经营者合法权益,扰乱社会经济秩序的行为。”通常认为,不正当竞争行为是由下列几方面要件构成的:(一)行为主体是特定的,即从事商品的经营和营利性服务的经营者,一般是经工商机关登记注册的法人和自然人。(二)行为具有违法性。这里所指的违法狭义上理解是指违反了我国《反不正当竞争法》的
The concept of unfair competition, also known as unfair trading practices, monopolistic behavior, restricting competition, the concept of different. Article 2 of China's “Anti-Unfair Competition Law” stipulates that: “Unfair competition as referred to in this Law means the acts of operators who, in violation of the provisions of this Law, undermine the lawful rights and interests of other operators and disturb the social and economic order.” Usually It believes that unfair competition consists of the following elements: (1) The actors are specific, that is, the operators engaged in the operation of goods and for-profit services are generally legal persons and natural persons registered with the industrial and commercial authorities. (B) the behavior is illegal. The narrow sense of illegality referred to here refers to the violation of our Anti-Unfair Competition Law