Municipal Supervision Bureau Antitrust Investigation on “Either-Or”: Alibaba, Jingdong and PinDuoDuo respond

The State Administration of market supervision broke the law of naming “Either-Or” in public. On November 5, the State Administration of market supervision held a “forum on administrative guidance for standardizing network business activities” in Hangzhou, which brought together more than 20 platform enterprises, including JD, fasthand, meituan, pinduoduo, Suning, Alibaba, Yunji, vipshop, and, and pointed out the prominent problems in recent network business activities, especially the problems prone to high incidence in centralized network promotion activities And put forward specific requirements for the standardization of network business activities, and name “Either-Or” illegal.


It is worth noting that e-commerce enterprises have been intensively interviewed, which is a routine action before the double 11 promotion. On November 1, in Shanghai and Beijing, the local General Administration of market supervision has conducted interviews and administrative guidance for some key e-commerce enterprises.

Alibaba, Jingdong and Pinduoduo respond on “Either-Or”.

At the November 5 symposium, the State Administration of Market Supervision pointed out that the recent problems in network business activities, the first is “platform competition intensified, ‘Either-or’ issue salient, causing concern.” It was pointed out that the “Either-or” and “exclusive transactions” in the Internet field are clearly prohibited by the E-commerce Law, and also violate the anti-monopoly law, anti-unfair competition law and other laws and regulations, not only undermine the fair competition order, but also harm the rights and interests of consumers. Liang Aifu, director of the Network Transaction Supervision and Administration Department of the State Administration of Market Supervision, said the State Administration of Market Supervision will conduct anti-monopoly investigations in accordance with the law of the “Either-or” that has a strong response from all parties.

Mainstream e-commerce platform enterprise related to the meeting on the “Either-or” to make a statement. officials said they firmly resist the “Either-or”, and will not limit merchants to do promotional activities on other platforms. Spelling more than the relevant person in charge said to encounter the “Either-or” pressure.

Alibaba officials said: “Because of the scale effect, we work with excellent merchants to provide consumers with the best consumer experience, the lowest price, while the platform to provide these merchants with the best traffic resources, forming a multi-benefit pattern.” But there are always some competitors to this exclusive cooperation model maliciously elaborated, this is malicious speculation. “?

The “Either-or” complaints about the river and lake have been going on for several years.

On November 5, surging news reporters learned that pinduoduo and vipshop, two major e-commerce companies, applied to Beijing high court to join the lawsuit as a third party. This also means that, and vipshop, the three major e-commerce companies, have joined forces to “encircle” tmall on the judicial level on the “two for one” dispute.

Cao Lei, director of the E-Commerce Research Center of the E-Commerce Research Center of the Net-a-Porter, believes that the General Administration of Market Supervision’s statement is an explanation of the “two-choice- ” behavior from the regulatory level, and then regulators need to focus on the platform “technical violence” threat means. “In recent years, we have noticed that due to the increasingly fierce competition in the online e-commerce industry, there are e-commerce platforms have begun to use technical threat stousire, forcing or implying that merchants ‘stand in the team’, conduct ‘two-choice’, such technical threat stoic is difficult to be directly exposed.” ”

Internet drug chaos, personal information protection is highlighted

At the November 5 symposium, the internet drug chaos was also highlighted by the State Administration of Market Supervision – pointing out that the online unqualified sale of drugs, illegal sales of imported drugs, illegal sales of prescription drugs, prohibited drugs, counterfeit drugs and other issues are more prominent.

In the past two years, the issue of regulation and regulation of prescription drugs sold online has attracted attention, and the media has reported that there are many irregular sales behaviors in the online sale of drugs: no prescription to buy prescription drugs, prescription drugs are also engaged in “full reduction promotion”. In April this year, the Drug Administration Law (Amendment Draft) was submitted for consideration for the second time to the Standing Committee of the 13th National People’s Congress, which proposed that prescription drugs should not be sold directly through the drug network through third-party platforms, causing heated debate.

In the process of online shopping, the collection and protection of personal information and other issues are equally prominent, the State Administration of Market Supervision pointed out that the network transaction activities have repeatedly appeared personal information was illegalcollection, use, as well as leakage, theft of the incident.

In June this year, the State Administration of Market Supervision and other departments issued the 2019 network market supervision special action (Net Sword Action) program. The program points out that serious investigation and punishment of unauthorized collection, use, excessive collection or disclosure, illegal sale, illegal provision of personal information to others, and investigation and prosecution of network platforms that fail to fulfill their obligations to protect personal information and provide support for online crimes.

After putting forward the problems in the network business activities, the State Administration of Market Supervision put forward six requirements to the network promotion platform.

First, the participants in the network promotion should strictly abide by the relevant laws and regulations, take the initiative to fulfill their obligations, and operate in compliance with the law.

Second, the platform should strictly implement the main body audit and information publicity and other basic obligations, strict examination of qualifications.

Third, the platform should actively implement the platform’s governance obligations and fulfill its statutory responsibilities.

Fourth, the platform should urge promotion operators to consciously fulfill their promotional obligations, abide by the “seven-day no reason to return” and other legal provisions, not to use the format provisions to infringe on the legitimate rights and interests of consumers.

Fifth, the platform should be fair and orderly competition, not to damage the commercial reputation of competitors, not to restrict or exclude other operators to carry out promotional activities.

Sixth, the platform should take the necessary technical means to ensure the normal operation of the platform, prohibit the collection and use of consumer personal information contrary to the principles of legal, legitimate and necessary.

According to the requirements of the meeting, the local market supervision departments should implement the responsibility of territorial supervision, do a good job of monitoring and supervision during the period of centralized promotion activities; give full play to the role of department cooperation mechanism, take administrative warning, joint discussion and interview, and urge the online trading platform to implement the legal responsibilities; strengthen publicity and guidance, and urge the organizers and operators of online centralized promotion to carry out in accordance with the law Centralized promotion activities, timely disposal of public opinions of key network transactions, warning of illegal acts; strengthen market price supervision, timely accept and handle consumer complaints and reports.

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