'E-commerce sued the first case of a single platform' on October 27 in Hangzhou, Zhejiang Province Lake District People's Court hammer gaze .The court that Hangzhou Jane World Network Technology Co., Ltd. organized breach of the letter breach of fairness, honesty and credibility and commercial Morality, a serious violation of the interests of consumers and disrupted the e-commerce platform business order, the first instance verdict Jane's compensation Alibaba economic losses of 202,000 yuan, after the sentencing neither party filed an appeal, the current sentence has come into effect.
E-commerce platform prosecution Chaoyin company
Early December 2016, Alibaba Group formally submitted indictment, prosecution of the simple brush the company's behavior affected the credibility of third-party trading platform and market competitiveness, sued silly push network suspected of seriously endangering the order of market competition, claim 2.16 million yuan RMB. The case has also become the first case of suing the brush-off platform of the country's first e-commerce platform.
On Feb. 15, 2017, the case was heard in the first instance, and Yang, who was also a brush-swipe gang organizer on behalf of Jane World, expressed his remorse in the court saying he would not participate if he realized early on that the organization would not be able to do so. At the same time, he also said that he disagreed with Alibaba's request for prosecution and said that civil litigation needs to prove the damage caused by the defendant's actions. Alibaba's prosecution of brush-making acts is only a macro-social phenomenon.
The court found that unfair competition claims more than 200,000
The court found out that Hangzhou Genesis set up a silly push network in 2014, where merchants issue a brush order, brush orders and provide services, and merchants pay 20% of the brush fee In addition, the long-term demand for a single brush business 'membership', membership fee 268 yuan / month and 1980 yuan / year 2. Has been the company's main source of profits is commissions and fees .
July 2016 Hangzhou Xihu District Market Supervision Bureau received the clues of the case and reflected the existence of illegal breach of contract speculation behavior of Jane World. The company found that the company's silly push web page display content such as' single platform ',' Task center 'and' commission 'words, investigators transferred customer service chat records to identify Jane's company speculation brush single behavior. Jane World Company fined 80,000 yuan.
The Court of First Instance held that the plaintiff's company operated a silly-pushing organization that violated the principle of fairness, honesty and credibility and generally accepted business ethics, thereby undermining the plain, transparent and honest online shopping environment that the plaintiffs were trying to create that harmed the plaintiff's According to the "Anti-Unfair Competition Law of the People's Republic of China," the court sentenced the defendant to compensate the plaintiff for an economic loss of 202,000 yuan in the first instance, and the defendant did not appeal. At present, the verdict in the case has come into effect.
new rule
The maximum single fine brush credit 200 million
November 4, the newly revised "Anti-Unfair Competition Law" by the NPC Standing Committee voted through, will be January 1 next year will come into effect.
For online shopping, the evaluation is an important factor in guiding the sales.Crafts single false sales and praise production, but products are substandard, so that consumers are hard to find a few dollars to buy a praise, a thousand or two thousand dollars to upgrade a drill , Some online platforms through the organization of fake transactions, etc., a single brush almost become a profiteering industry chain.
In view of this situation, the newly revised Anti-Unfair Competition Law has perfected the provisions of the current law and further details and clarification of the specific contents of the false propaganda. The operator shall not make any judgment on the sales status of the goods or the user's evaluation, Misleading people false misconduct content.Article 20 clearly, 'the circumstances are serious, impose a fine of more than 1 million yuan two million yuan, you can revoke the business license.'