ASUS Shanghai was punished for fake business publicity on laptop parameters

Recently, the administrative penalty decision announced by the Shanghai Market Supervision and Administration Bureau (Shanghai City Jianmin Division [2022] No. 122021003213) shows that ASUS Computer (Shanghai) Co., Ltd. has the use of advertising or other methods to make the quality, production ingredients, production ingredients, and production ingredients, production ingredients, and production ingredients, production ingredients, and production ingredients, production ingredients, production ingredients, production ingredients, production ingredients, production ingredients, production ingredients, production ingredients, production ingredients, production ingredients, production ingredients, production ingredients, production ingredients, production ingredients, production ingredients, production ingredients, production ingredients. Performance, use, producer, validity period, place of origin, etc. made misunderstanding of false publicity illegal acts, and was fined 0.5 million yuan by the Shanghai Minhang District Market Supervision and Administration Bureau, and the date of administrative penalties on July 8, 2022.

After investigation, ASUS Computer (Shanghai) Co., Ltd. (hereinafter referred to as "Asus Company") sold the ASUS Stone Stone 7th Generation 152021 notebook computer on April 21, 2021 at the official flagship store of ASUS Computer, Jingdong Mall, with a unit price of 5499 yuan per unit. The content of the corresponding sales page was prepared and published by ASUS. ASUS's sales page in this product actually marked the specifications of the product to the CPU8 core 8 thread into 8 cores and 16 threads. ASUS claimed that the computer CPU8 core 16 threads refer to products with 8 physical cores CPU and up to 16 threads at the same time. Its performance and price are higher than the CPU8 nuclear 8 -thread. On April 28, 2021, ASUS modified the product related specifications to the CPU8 core 8 thread. By the incident, it was confirmed by ASUS, from April 21 to April 28, 2021, a total of 11 NSS stubborn 7th generation laptop was sold during the period, and the sales were RMB 60,489. ASUS found that the online store ASUS Stone Stone 7th -generation laptop -related parameters were wrong on April 28, 2021, and immediately modified it. They also contacted related sales users in time, communicated in a communication instruction Refund, compensation for relevant consumers.

In summary, the parties made false business propaganda on the product parameters on their online store webpage, which violated Article 8 of the "Anti -Unfair Competition Law of the People's Republic of China", which constituted illegal acts engaged in false publicity. Essence In view of the active cooperation of the investigation in the investigation of the case and actively submit the materials. The parties recognize that their actions are improper, they can actively correct illegal acts, propose a reasonable solution and implement it, and eliminate the consequences of the harm of illegal behavior. The above behavior is in accordance with the provisions of Article 32 (1) of the "Administrative Penalty Law of the People's Republic of China", so the parties are reduced to punishment.

According to Article 20, paragraph 1 of the "Anti -Unfair Competition Law of the People's Republic of China", the Shanghai Minhang District Market Supervision and Administration Bureau ordered the parties to stop illegal acts and decided to fighter RMB.

Article 8 of the "Anti -Unfair Competition Law of the People's Republic of China" stipulates that operators must not make false or misunderstanding of their products' performance, functions, quality, sales status, user evaluation, and honor of their products. Misaclation of consumers. The operator shall not help other operators to carry out false or misunderstandings through organizational false transactions and other methods.

Article 32 of the "Administrative Penalty Law of the People's Republic of China" stipulates that: the parties have one of the following circumstances, and the administrative penalty shall be lighter or reduced from the light or reduce administrative penalties:

(1) Actively eliminate or reduce the consequences of the harm of illegal acts;

(2) Those who are coercive or deceived by others;

(3) Actively supply illegal acts that the administrative organs have not yet mastered;

(4) Cooperate with the administrative organ to investigate and deal with illegal acts and performance;

(5) Laws, regulations, and regulations stipulate that other administrative punishment should be lighter or reduced.

Article 20 of the "Anti -Unfair Competition Law of the People's Republic of China" stipulates that: the operator violates the provisions of Article 8 of the Law to make a false or misunderstanding of its commodities, or help other operators to carry out by organizing false transactions and other methods. If a false or misunderstanding commercial propaganda shall be ordered by the supervision and inspection department to stop illegal acts and impose a fine of more than 200,000 yuan or less; if the circumstances are serious , Can revoke business licenses. If an operator violates the provisions of Article 8 of this Law, it is punished in accordance with the provisions of the "Advertising Law of the People's Republic of China".

The following is the original text:

Administrative penalty decision of administrative penalties for the Market Supervision and Administration Bureau of Minhang District, Shanghai

Shanghai City Supervisor Minfu [2022] 122021003213

The client: ASUS Computer (Shanghai) Co., Ltd.

The name of the subject qualification certificate: business license: business license

Unified social credit code (registration number): 91310000607417881Q

Residence (address): No. 5077, Jindu Road, Minhang District, Shanghai

Legal representative: Shi Wenhong

Contact address: No. 5077, Jindu Road, Minhang District, Shanghai

After investigation, ASUS Computer (Shanghai) Co., Ltd. (hereinafter referred to as "Asus Company") sold the ASUS Stone Stone 7th Generation 152021 notebook computer on April 21, 2021 at the official flagship store of ASUS Computer, Jingdong Mall, with a unit price of 5499 yuan per unit. The content of the corresponding sales page was prepared and published by ASUS. ASUS's sales page in this product actually marked the specifications of the product to the CPU8 core 8 thread into 8 cores and 16 threads. ASUS claimed that the computer CPU8 core 16 threads refer to products with 8 physical cores CPU and up to 16 threads at the same time. Its performance and price are higher than the CPU8 nuclear 8 -thread.

On April 28, 2021, ASUS modified the product related specifications to the CPU8 core 8 thread. By the incident, it was confirmed by ASUS, from April 21 to April 28, 2021, a total of 11 NSS stubborn 7th generation laptop was sold during the period, and the sales were RMB 60,489. ASUS found that the online store ASUS Stone Stone 7th -generation laptop -related parameters were wrong on April 28, 2021, and immediately modified it. They also contacted related sales users in time, communicated in a communication instruction Refund, compensation for relevant consumers. The above facts mainly have the following evidence to prove:

1. A copy of the business license provided by ASUS, the legal representative and the copy of the identity card of the client prove that the owner's operating subject identity and the jurisdiction of the bureau;

2. Inquiry of the legal representative of ASUS, the fact that the entrusted person's inquiry has proved the fact that the parties sell products on the online store for false propaganda;

3. ASUS's third -party trading platform online store webpage and post -rectification web page screenshots prove the fact that the parties carry out false publicity and rectification on the website;

4. The situation of ASUS has proved the fact that the parties carried out false propaganda on the online store webpage and took the initiative to correct and reduce the impact;

5. The information provided by the reporting form and the reporter proves the fact that the parties are suspected of illegal;

6. Other relevant information involved in the case.

The above evidence materials are signed or stamped by the parties or related personnel, and the copies are checked consistent with the provision and the original. The above evidence materials have the characteristics of objectivity, correlation, and legitimacy. A complete and strict evidence chain has been formed between various evidence, which can fully prove the illegal facts of the parties.

On June 28, 2022, the bureau issued a notice of administrative penalties for the parties to the Shanghai Supervisor Min Min Min -Min Punishment 2022] No. 122021003213. Within five working days from the date of receiving the notice of administrative penalties, the parties did not submit a statement and defense to the bureau, deemed to give up this right.

In summary, the parties made false business propaganda on the product parameters on their online store webpage, which violated Article 8 of the "Anti -Unfair Competition Law of the People's Republic of China". Functions, quality, sales status, user evaluation, and honor for false or misunderstandings, such as deception, misleading consumers. "It constitutes illegal acts engaged in false publicity.

In view of the active cooperation of the investigation in the investigation of this case and actively submit the materials. The parties recognize that their actions are improper, they can actively correct illegal acts, propose a reasonable solution and implement it, and eliminate the consequences of the harm of illegal behavior. The above -mentioned behavior is in accordance with Article 32 (1) of the "Administrative Penalty Law of the People's Republic of China". "One of the following situations should be lighter or reduce administrative penalties: (1) Actively eliminate or reduce the consequences of the harm of illegal acts. "The regulations, so reduce the punishment for the parties.

For the false publicity of the parties on the website webpage, in accordance with Article 20 of the "Anti -Unfair Competition Law of the People's Republic of China", Article 20, "The operator violates the provisions of Article 8 of the Law on the" Article 8 of the Law Publicity, or to help other operators carry out false or misunderstandings by organizing false transactions, etc., shall be ordered by the supervision and inspection department to stop illegal acts and impose a fine of more than 200,000 yuan or less. The fines of one million yuan or less can be revoked in business licenses. "The provisions were ordered to order the parties to stop illegal acts and decide that the penalty was as follows:

Fined RMB Wu Qianyuan.

Now I ask your company: Within 15 days from the date of receiving this decision, the decision decision is carried, and the fine of Wu Qianyuan (capital) was fined to the specific collection agency of the Municipal Industrial and Commercial Bank of China or the Construction Bank. If the fines are not paid within the time limit, in accordance with the provisions of Article 72 (1) of the "Administrative Penalty Law of the People's Republic of China", our bureau may be fined 3 % of the fines daily.

If you (units) do not accept this decision, you can apply for administrative reconsideration to the Minhang District People's Government within 60 days from the date of receiving this decision; you can also file a lawsuit with the people's court in accordance with the law within six months.

If the administrative reconsideration is not applied for within the time limit, and does not sue the court, and does not perform the administrative penalty decision, our bureau may apply for the people's court for compulsory implementation.

Shanghai Minhang District Market Supervision and Administration Bureau

July 08, 2022

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