On September 11, 2024, during the China Fair Competition Policy Promotion Week, the Supreme People's Court released 8 typical cases of anti-monopoly and anti unfair competition. The four typical anti-monopoly cases released this time involve important legal issues such as horizontal monopoly agreements on fixed commodity prices and joint boycott transactions, abuse of market dominance in bundled goods, and other livelihood industries such as catering, digital television, civilian natural gas, and vegetable wholesale. It is reported that the horizontal monopoly agreement case of "rice noodle manufacturers", the abuse of market dominance case of "cable digital TV interference signal service public enterprises", the bundling transaction case of "natural gas companies", and the abuse of market dominance case of "vegetable wholesale markets" released this time are all directly related to people's livelihood and well-being. The people's court shall resolutely stop the accused monopolistic behavior in accordance with the law and provide corresponding compensation to the operators who suffer losses due to monopolistic behavior, maintain a fair competition market order, and protect the legitimate interests of the people. The horizontal monopoly agreement of "rice noodle manufacturers" clarifies the recognition of joint boycott transactions; The case of abuse of market dominance by the public enterprise providing cable digital TV scrambling signal services has clarified the determination of bundling behavior; The bundling transaction case of the "natural gas company" further clarifies the plaintiff's burden of proof and the calculation of losses suffered due to the bundling behavior in subsequent civil compensation lawsuits that occur after the anti-monopoly law enforcement agency makes a penalty decision; The case of abuse of market dominance in the vegetable wholesale market, based on the latest judicial interpretation of anti-monopoly civil litigation, clarifies that the arbitration agreement between the parties cannot exclude the people's court from accepting monopoly civil disputes. The release of these typical cases aims to clarify the rules and guide operators to conduct competition in an orderly and lawful manner. The four typical cases of anti unfair competition released this time involve the application of general provisions of the Anti Unfair Competition Law, as well as important legal issues such as counterfeiting, confusion, false advertising, and infringement of technical secrets. They involve online and offline industries such as platform data, traditional consumer goods, and new energy vehicles. In the case of infringement of technical secrets of "new energy vehicle chassis", the people's court, based on a holistic analysis approach, not only determined the amount of compensation by applying punitive damages laws and regulations in accordance with the law, but also actively explored ways to stop civil liability for infringement, effectively protecting the innovative development of enterprises and cultivating and developing new quality productivity. In the Schneider counterfeit confusion dispute case, the People's Court, guided by encouraging honest business practices, strengthened the protection of well-known brands, and severely cracked down on dishonest commercial logo climbing and counterfeiting. With sufficient evidence of infringement and profit, it significantly increased the cost of infringement and effectively deterred various malicious infringement behaviors. In the "Light Douyin" unfair competition dispute case, the people's court effectively stopped the false advertising behavior of organizing false "brushing volume" and improperly obtaining traffic, guiding the healthy and orderly development of the platform economy. (New Society)
Edit：Wangchen Responsible editor：Chenjie
Source：http://www.legaldaily.com.cn
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