Lawyers Comment On Taobao Sellers Protest: Taobao Mall Suspected Of Violating The Anti-Monopoly Law

The annual fee will be increased by at least 5 times, and the margin will be increased by 15 times.

The attacker claimed to be a boycott of Taobao mall.

Ma Yun is sending two micro-blog to Taobao mall.

Last night, the attack was temporarily suspended at 11:15, the initiator said today.

Taobao mall recently raised the annual fee and margin of the technical services of the merchants, which triggered a strong reaction from some small businesses claiming to be Taobao mall.

These businesses are interconnected and unified action through the network communication platform, launching a series of malicious attacks on other large businesses of Taobao.

The attack began at 9 pm on October 11th and lasted until 11:15 last night. The attack led to some Taobao store owners having to get off shelves.

Taobao mall said that as of yesterday, dozens of businesses were affected.

The rise in service charges leads to malicious attacks.

At the beginning of 9 in October 11th, about 6000 businessmen claiming to be Taobao mall gathered YY voice (a team voice software) to discuss the anti Taobao strategy and organized the malicious operation of "Taobao," "seven", "seven" and "UNIQLO" and so on. The way to attack is to buy goods from a shop, pay for it after purchase, and give 0 or 1 points of evaluation, then apply for a refund immediately.

According to the rules of Taobao mall, users can have no reason to refund within 7 days. If shops do not deliver goods or do not refund, they will get the penalty points of Taobao mall.

The attack once caused most of these businesses to get off shelves.

Reporters learned that the organizers first selected targets, and then sent the purchase link to YY group, less than 10 minutes, most of the sales of goods in the mall increased significantly, but a few minutes later showed "off shelves".

According to Taobao mall, the attack is a group of people known as "Taobao shop" deliberately manipulating.

There are signs that Taobao has severely attacked the "brush drill" and "malicious bad review" agencies involved.

This part of the attacker takes YY voice as a gathering place, and then orders the Taobao store's brand.

The attacker hopes to force Taobao mall to give up the rule adjustment.

At present, Taobao mall has reported that the police are involved in investigating the matter.

The "fuse" of the cyber attack was released in October 10th by Taobao mall, the announcement of Taobao Merchants Merchants renewal and rules adjustment in 2012. According to this announcement, the annual fee of Taobao's technology services in 2012 is divided into 30 thousand yuan and 60 thousand yuan two stalls. Meanwhile, Taobao mall has established a new system of liability for breach of business, and merchants must pay the margin in the operation of Taobao mall. The amount of the deposit is divided into 10 thousand yuan, 50 thousand yuan, 100 thousand yuan, 150 thousand yuan and four files according to the type of store and the status of the commodity trademarks. Once a certain degree of violation occurs, the deposit will be deducted at least 10 thousand yuan.

At present, the annual fee of Taobao mall is only 6000 yuan, with a margin of 10 thousand yuan.

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The anti Taobao channel is well organized.

Yesterday afternoon at 5 o'clock, the reporter entered the YY voice 34158 channel that organized the action, and the number of online users has exceeded 25000.

Reporters saw that the "organizational structure" of the channel was quite strict. There were several departments such as "reception department", "propaganda department", "executive department", "selection Department", "explosive budget", and even "executive meeting room".

From the member list information, a large number of ID are Taobao merchants.

In the past half an hour, the channel chat window information has been constantly refreshed, many of which are denouncing the new rules of Taobao.

At 5:10 p.m., the channel bulletin board was updated again, and the executive department issued the detailed implementation plan: click on relevant links to enter.

1. pick the merchandise in random, and choose cash on delivery; 2. pay the money, 1-2 hours later apply for a refund; 3. no money to shoot, hundreds of thousands of yuan can choose cash on delivery.

After several twists and turns, the reporter contacted an internal manager of the channel.

The person said that the initiative was launched to safeguard the interests of the majority of small and medium businesses in Taobao and boycott the terms of the Taobao mall.

Reporters tried to get a better understanding of the situation but never responded.

In addition to being considered as the YY voice channel group of the initiator of the anti Taobao action, the Tencent searched the network group search tool of the Tencent with the keyword "anti Taobao" as the keyword, and found more than 30 QQ groups.

Some groups even played the banner of "fighting Juhuasuan through train" and "anti scouring pioneer".

From yesterday afternoon to evening, reporters have been trying to join these QQ groups, but they were all rejected.

An informed businessman revealed that many group administrators had been notified not to join the new members.

[reporter witnessed]

Last night, many stores were ordered by crazily.

A "Antarctic" underwear is bought in 3 minutes in more than 1400 minutes.

"Han Du Yi house" does not suffer more than 10 attacks in half an hour.

"The latest news.

"Han Du Yi house" has just been burst by everyone.

Around 8:30 yesterday evening, YY voice 34158 channel has been renamed "China Internet commerce Rights Protection Association", and launched an action again.

It involves 7 kinds of goods from different merchants in Taobao mall, and the number of online users is over 33000.

The reporter noted that the "China Internet commerce Rights Association" adopts the way of "group buying" of the members of the organization.

The store owners of the Taobao mall, which were "group buying", also included the official flagship store of "north polar", the official flagship store of the "Antarctic", and "red wine".

In the official flagship store of the "Antarctic", the reporter saw the power of "crazy group buying". At about 8:51 in the evening, the merchandise store of the "Antarctic men's and women's thermal underwear set NJM011/NJM012" was greatly reduced in the official flagship store of Taobao, and 2 minutes later, the merchandise page showed that the inventory of the product dropped from 2200 to more than 800.

At 8:55 in the evening, the product page showed that "this baby is already on the shelf" and unable to continue trading.

That is to say, in less than 5 minutes, more than 2000 sets of thermal underwear were swept away.

"Han Du Yi house" also confirmed that the attack was serious again in the evening. "Now we are too busy to deal with these attacks."

The store's responsible person told reporters last night that nearly 9 hours ago, in less than half an hour before the time, the shop has already suffered more than 10 attacks, and the way of attack is very similar to the 11 night. For this reason, the store had to temporarily lay off more than 10 goods that were being lovled by rob.

As of 11:15 pm last night, the attack on Taobao mall was temporarily suspended.

From 10:30 to 11:15 last night, a malicious order resulted in the sale of 7 kinds of goods from different merchants in Taobao mall.

According to the attack initiator, today's attack will continue.

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[voices of all parties]

Small businesses complained: only 13 days after signing the agreement, they did not say that the price would go up.

Yesterday, a businessman named "nice wine" told reporters that he used to do business on other websites. Sometimes he could earn tens of thousands of yuan a month, sometimes he had no income. In order to earn stable income, he was stationed in Taobao mall.

Since April of this year, he has invested all his money in selling imported red wine.

To this end, in Xiamen, a special storehouse for storing wine has been leased and employed to take care of offline business. Nearly half a year has invested nearly 300 thousand yuan.

In September 29th, the "good wine" signed a network agreement with Taobao mall. It did not expect that only 13 days after entering the mall, they met the cost adjustment thing. "When entering the mall, it signed a 1 year network agreement, but there was no provision in the future that the fee threshold would be raised."

"Also good wine" said that his time to enter the mall is too short, so far only sell a few bottles of red wine, shops need to profit at least half a year.

Today, the mall asked him to pay 150 thousand yuan and 30 thousand yuan for service before December 20th, and the total cost of 180 thousand yuan could not be borne by him.

If he does not pay the fee, his business will be affected. For example, when searching for the same kind of goods, the buyer must first search for large businesses, then small and medium-sized businesses.

"My shop is newly opened. If it's not for the mall merchants, I don't know where the rankings are going. How can there be any business?"

From 10 to now, "good wine" has not slept for two consecutive nights, because he was afraid that after 300 thousand yuan of investment, he did not dare to join in attacking the big business in the mall.

"Also good wine" said: "this event is ultimately damaged in Taobao shopping buyers, expelled small and medium-sized businesses, the mall is occupied by large businesses and form a price alliance, it will be very difficult for Taobao to buy cheap and fine things on Taobao."

Attacked business: losing tens of thousands of dollars a day

Starting from 9 pm on October 11th, Taobao store's "Han Du Yi house" became one of the first targets to be attacked.

"Han Du Yi house" responsible person said that the attack against their shops has almost never stopped.

According to the person in charge, on the evening of 11, around 10 o'clock, Zhao Yingguang, the founder of Han Du Yi house, received a notice from customer service, saying the paction was abnormal and suspected to be under attack.

To this end, many employees of the company rushed back to the company last night and found that there were indeed a lot of strange buyers.

"There are many ways to attack them. For example, many buyers have taken hundreds or even thousands of pieces of clothing at a time, with a total value of 100 thousand yuan and 200 thousand yuan, and demanded immediate delivery.

The official said, according to Taobao rules, 72 hours without delivery buyers can get compensation, so that the loss of shops will undoubtedly be great.

Others clicked on the shop's through train advertisement, resulting in the page of the advertisement paralyzed. The other buyers were entangled in the customer service, and expressed fierce opinions in the group.

Shortly after the attack began, more than 5000 items of "Han Du Yi house" were forced to get off the shelves because they were not properly shot.

"Since Taobao mall has provided us with some technical support, most of our commodities have been restored to normal, but customer service is still being harassed."

The official said that one day, shops lost hundreds of thousands of yuan, accounting for 30% of the day's sales.

"It's really unfair!" the official said, "Han Du Yi house" is also a brand that grew up step by step from Taobao to small businesses. As an ordinary businessman, they are really innocent.

They hope that internet police can recover justice for the shops.

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Taobao general business: some support, some objections.

For this network attack, Taobao merchants' opinions are not unified.

Recently admitted to join the Taobao mall, but has not yet been approved by the business Li Xiaoli frankly: "must support."

"The cost of Taobao has really gone up."

Xiao Li said that he counted the bill before applying for it. After entering Taobao mall, he needed to pay 10 thousand yuan deposit and 6000 yuan annual fee, a total of 16 thousand yuan, but after the rise in price, the cost suddenly soared to more than 60 thousand yuan.

"The extra cost has to be eaten by yourself."

Xiao Li has some reluctantly said that if the price rises because of the rising price of Taobao, the business of the shop must be good.

Xiao Wei, another businessman who did not apply for admission to Taobao mall and now operates Taobao Mart stores, sniffed at the attack.

"If you can't afford to make a market with me, you only need to pay a guarantee of two thousand yuan, do not have to pay the annual fee, why not go to the Taobao mall?" Xiao Wei said that he had always thought that the threshold of Taobao mall was too low.

"I originally intended to enter Taobao mall, but now I will not apply for it after the price increases."

Xiao Wei stressed that opening a shop must first look at its own strength.

Taobao Mall: no tolerance, no compromise.

Yesterday afternoon, Zhang Yong, President of Taobao mall in Hangzhou and some media exchanges, said: "internet violence, malicious attacks on other businesses, we will not tolerate, we will never compromise because of this, we want to be responsible for consumers, we want to be responsible for the legitimate business operators, our compromise is the greatest harm to their interests."

Zhang Yong said that in order to motivate businesses, Taobao mall has set up a technology service annual fee return policy. As long as businesses do well in service to consumers and business reaches a basic scale, the annual fee for technical services will be partially or even returned to businesses.

For example, he said, for example, clothing manufacturers, the annual return of the standard is 1 million 200 thousand yuan per year, equivalent to 3000 yuan per day sales.

"An enterprise sells more than 3000 yuan per day is the minimum standard. From this perspective, we are not setting the highest standard, but the minimum standard."

For some businesses that still have a certain gap in scale and service level, Taobao mall has formulated the "one key to Taobao fair" scheme.

For those who do not intend to renew the mall or fail to reach the criteria for renewal of the mall, the function of the mall will be pferred to Taobao fair.

In the process, Taobao mall will consider converting the credit situation of merchants in Taobao mall to the corresponding Taobao market credit rating.

In order to support Taobao mall, Ma Yun, chairman of Alibaba group yesterday, issued two new micro-blog rules, calling it the best thing to do.

It's normal to want to earn money. It's not normal to not earn money.

Taobao has been out of order for nine years. In the past nine years, we have never assessed Taobao's income and never asked for a penny of Taobao's profits.

Not today! It's not our goal to make money.

Ma Yun said, "we really want to be a different company in China.

We wholeheartedly help small businesses because we know the pain.

But not everyone makes money from the chamber of Commerce, and commerce is a serious knowledge.

YY voice belongs to the company: the protesters use appropriate methods to establish communication channels.

Yesterday afternoon, as a large number of Taobao merchants gathered in the multi player company's YY voice platform to protest against Taobao's price rise, the company played a statement on Taobao's business protest on its official website's YY forum bulletin board.

In the statement, the company said that after finding the situation, the company strongly urged the organizers of the protest, hoping that they could establish a suitable communication channel with Taobao within the scope permitted by law.

In the statement, the company said: "these organizers are all ordinary Taobao stores, mainly small and medium sized shop operators."

And they put forward: "they are the typical beneficiaries of e-commerce promoted by social development."

But at the same time, "they have no ability or opportunity to participate in the formulation of Taobao policy.

But they are the most influential and the largest number of people. "

In a statement, the company suggested that "similar public industries need support policies such as hearings" and hope that both sides of the matter will maintain a rational and communicative attitude and jointly safeguard the healthy development of the Internet society.

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[expert opinion]

No relevant laws are difficult to determine whether an attack is illegal.

Zhang Fan, an associate professor of the intellectual property research center of China University of Political Science and Law, believes that organized malicious attacks on large businesses are a criminal act, which constitutes a crime against commercial reputation and reputation.

By maliciously buying, then refunding and giving 0-1 points difference, it is actually fabricating and disseminating hypocritical facts, seriously damaging the business reputation and reputation of the big business, causing great losses to the big business.

Wu Dong, a lawyer of Shanghai Hui Ye law firm, also supports this view. However, he said that at present, there are no clear rules for similar cyber attacks in China.

"These small and medium-sized businesses attack the way is to drill the rules of Taobao trading rules, I am afraid it is difficult to determine whether these small and medium-sized businesses are illegal."

According to Wu Dong, the incident should be regarded as unfair competition. Small and medium-sized businesses have infringed upon the rights and interests of some large businesses. However, throughout China's Anti Unfair Competition Act of 1993, there is no provision applicable to the incident.

The attacker's behavior is wrong, but Taobao mall is suspected of violating the antimonopoly law.

Zhou Binqing, the Internet intellectual property lawyer and the chief counsel of Shanghai digital interactive entertainment Specialized Committee, believes that although these small and medium-sized businesses involved in cyber attacks are inappropriate, they are also helpless for the majority of small and medium-sized businesses to compete with Taobao.

Taobao mall is right in saying that raising service fees and margin is conducive to improving the quality of goods and services. It is a good way to stop counterfeiting and shoddy goods.

But for the small and medium-sized businesses in the mall, the cost is suddenly raised.

He believes that the sudden rise in service charges in Taobao mall has been suspected of violating the "anti-monopoly law". "The seventeenth provision of the anti monopoly law" prohibits operators with market dominance from selling goods at an unfair high price. Taobao mall's behavior belongs to the act of selling goods at an unfair high price. Of course, the commodity is a concept of generalized goods including services.

Zhou Binqing explained that according to the "anti monopoly law", Taobao's market dominance in the electricity supplier industry is unsuspense.

When it comes to the solution, Zhou Binqing suggests that small and medium businesses can report to the antitrust investigation institutions according to the relevant laws and regulations, and attach relevant materials, so as to promote the anti-monopoly investigation agency to launch an anti-monopoly investigation against Taobao, and conduct administrative intervention on its actions to substantially raise fees.