Water supply service, online bill brushing, rental account... The supreme law issued typical cases of anti-monopoly and anti unfair competition by the people's court

2021-09-28

On the 27th, the Supreme People's Court issued ten typical anti-monopoly and anti unfair competition cases to promote unified judgment standards and clear judgment rules. Lin Guanghai, President of the third court of the Supreme People's court, introduced that these cases involve not only people's livelihood fields such as water supply services, but also high-tech fields; It not only includes the traditional unfair competition and monopoly behaviors such as infringing trade secrets and abusing market dominant position, but also responds to the identification of new types of unfair competition behaviors such as online bill brushing and video shielding advertising. In the unfair competition dispute case of "iqiyi account", Hangzhou longsoul company and Longjing company rented the iqiyi VIP account they purchased through app, which was found by the court to constitute unfair competition, ordered to stop the infringement and compensate 3 million yuan. This case defines the reasonable boundary of the new business model in the network video industry, and highlights the judicial guidance of the people's court to promote the orderly development of the network platform, stimulate the vitality of social innovation and create a fair competitive market environment. The unfair competition dispute case of digital push company and Tan is a typical case to crack down on the network black and gray industry. It makes it clear that the paid provision of false brush services by Internet operators violates the principle of good faith and business ethics, damages the rights and interests of legitimate operators, users and consumers, and disrupts the normal competition order, which should be regulated by the anti unfair competition law. In the dispute case of "water supply company" abusing its dominant market position, the water supply company of Yongfu County, Guangxi implemented bundling transactions when users applied for water supply, requiring users to purchase water meters and installation services at the same time. The court found that the contract was invalid, decided to return the user's installation fee and pay interest, and compensate for economic losses and reasonable expenses. The case provides clear and definite behavior guidelines for the standardized operation of public enterprises. Lin Guanghai introduced that from 2018 to 2020, courts across the country received 14736 new civil cases of unfair competition in the first and second instance, and concluded 13946 cases, with an average annual increase of 18%; 158 monopoly civil cases of first and second instance were newly received and 189 cases (including old ones) were concluded, with an average annual settlement of more than 60 cases. He said that the people's court will actively promote the improvement of the law and constantly solve the problem of difficult proof in cases. We will further improve the Adjudication Rules for new business forms in new fields such as big data and artificial intelligence, constantly refine and improve the identification standards for monopoly and unfair competition of platform enterprises, and promote the formation of a unified, open and orderly market system. (reporter Luo Sha) (outlook new era)

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