Editor's note:

There is a saying among the people that "the criminal law is the focus of individuals' sudden wealth, and the anti law is the focus of companies' competition". Competition among companies is becoming increasingly fierce, and anti-monopoly, anti-dumping, countervailing, anti unfair competition and other acts emerge in endlessly, which need to be regulated by law. Major companies are also competing with each other, "Eight Immortals cross the sea to show their magic.". The case of JD suing tmall for abusing its dominant market position is quite typical.

Recently, a ruling issued by the China judicial documents website has brought about the result of the objection to the jurisdiction of jd.com's case against tmall for abusing its dominant market position.

In the second instance, the Supreme People's court rejected tmall's claim that "the case should be tried by the higher people's Court of Zhejiang Province", and determined that the Beijing Higher People's court has jurisdiction over the case. The determination of jurisdiction also means that the "Jingdong tmall war" is about to enter a substantive trial.

JD applied as follows:

1. confirm that the three defendants have a dominant position in the relevant market determined in this case;

2. order the three defendants to stop abusing their dominant market position, including stopping restricting the merchants to only trade with the defendants, and stopping restricting the merchants not to trade with the two plaintiffs;

3. order the three defendants to jointly and severally compensate the two plaintiffs for the economic loss of 1billion yuan caused to the two plaintiffs due to their abuse of market dominance;

4. order the three defendants to apologize to the two plaintiffs and eliminate the impact. The specific forms include that the three defendants' domain name on the official website is tmall com、taobao. A statement of apology and elimination of influence recognized by the court is published on the home page of the relevant website of www.com and the home page of the corresponding app;

5. order the three defendants to jointly and severally bear the reasonable expenses paid by the two plaintiffs for safeguarding their rights in this case, including notarization fees, economic analysis fees, lawyer fees, etc., temporarily totaling RMB 2million.

JD believes that:

Since 2013, the three defendants have continuously implemented by various means, including but not limited to the clothing, home furnishing and other brand businesses that require to open stores in tmall mall. They are not allowed to participate in 618, double 11 and other promotional activities in JD mall operated by the two plaintiffs, and are not allowed to open stores in JD Mall for business, or even can only open stores on a platform of tmall Mall for business (hereinafter referred to as "one of two" behavior).

The three defendants have a dominant market position in the B2C online retail platform market in Chinese Mainland. They have abused their dominant market position, including "one of two choices", which has damaged the normal competitive order of the B2C online retail platform market in China and infringed upon the legitimate rights and interests of the two plaintiffs, businesses and consumers. The three defendants should bear corresponding legal liabilities for their infringement of abusing their dominant market position.

The commercial dispute team of Shandong Borui law firm will continue to pay attention to the progress of the case.

On april23,2019, the Anti Unfair Competition Law of the people's Republic of China was revised and implemented. The common acts of unfair competition listed in the anti unfair competition law mainly include: confusion, commercial bribery, false publicity, infringement of trade secrets, sales with prizes, damage to goodwill, use of the network to damage the rights of other legitimate operators and other typical cases.

Shandong Borui law firm is a comprehensive law firm established in 2005. The commercial dispute team of Borui law firm is good at solving major, complex and difficult cases, and has worked hard in the field of unfair competition. It has rich practical experience and has obtained a large number of classic cases.