General Administration of Market Supervision: the either-or of E-commerce platforms is illegal

On November 5, 2019, the General Administration of Market Supervision held a “Administrative Guidance Symposium on Standardizing Network Business Activities” in Hangzhou City, Zhejiang Province, which convened more than 20 platform enterprises, including JD.com, Express, American Mission, Pindo, Suning, Alibaba, Gathering, Only, 1 Drug Network, etc., to attend the meeting, pointing out the outstanding problems in the recent network business activities. In particular, the network centralized promotion in the high incidence of high incidence of problems, and to regulate the network business activities put forward specific requirements.

The Relevant persons of the General Administration of Market Supervision, the Anti-monopoly Bureau, the Price Supervision and Competition Bureau and some relevant comrades of local market supervision departments attended the meeting.

市场监管总局:电商平台“二选一”违法

The symposium introduced the main work of the network market supervision, and pointed out the following outstanding problems in the recent network business activities:

First, the platform competition intensified, “either-or” issue salient, causing concern. The “either-or” “exclusive transaction” behavior in the Internet field is a prohibited behavior expressly stipulated in the E-commerce Law, and it also violates the provisions of the Anti-monopoly Law, the Anti-Unfair Competition Law and other laws and regulations, which not only undermines the order of fair competition, but also harms the rights and interests of consumers.

Second, the platform is not strict, resulting in the sale of infringing fake and inferior goods, non-compliance with product quality and safety standards of goods, prohibited sales of goods and other illegal acts frequently appear, the social response is strong.

Third, the network drug sales there is chaos, online unqualified drug sales, illegal sales of imported drugs, illegal sales of prescription drugs, prohibited drugs, counterfeit drugs and other issues are more prominent, high public opinion is highly concerned.

Fourth, the problems of personal information collection and protection are prominent. In the network trading activities, there are many cases that personal information is collected, used, leaked and stolen illegally.

Fifthly, there are some high-risk problems in the network centralized promotion activities, which mainly include: misleading consumers with false discounts; carrying out false publicity or publishing illegal advertisements in the promotion activities; fabricating their own goodwill through “swiping orders and speculating letters” or damaging the reputation of other operators with malicious evaluation; platform operators exclude or restrict consumers’ rights through contract format clauses, bundling sales Refusing to perform the obligation of returning goods without reason for seven days for various reasons; restricting operators on the platform to participate in promotional activities on other platforms, seriously damaging the legitimate rights and interests of operators and consumers on the platform, etc.

市场监管总局:电商平台“二选一”违法

The meeting stressed that the healthy development of the Internet market requires the joint efforts of all practitioners, the basic principles of law-abiding compliance, fair competition and equal rights and responsibilities, the strict compliance with laws and regulations such as the e-commerce law, the practical implementation of legal responsibilities, and the one-sided pursuit of traffic and sales. The General Administration of market supervision will continue to pay close attention to relevant behaviors, carry out anti-monopoly investigation according to law for the “two choices” behaviors strongly reflected by all parties, and create a fair and orderly market environment. (according to Hangzhou transportation 91.8)

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