Recently, the State Administration for Market Regulation price supervision and competition bureau issued a typical case against unfair competition. Among them, the commercial slander case of a company in Shanghai has attracted wide attention because it involves the compliance problem of enterprises. The judgment reminds enterprises to participate in market competition by establishing the concept of compliance management.
On May 10, 2018, the Huangpu District Market Supervision Administration in Shanghai received a report from a company that said Chen, the legal representative of a rival Company in Shanghai, made up the truth and posted a video denigrating a product on the douyin App. After receiving the report, the law enforcement officers immediately launched an investigation. After investigation, the party concerned and the whistleblower are competitors. In order to attract high attention on the Internet, its legal representative, Mr. Chen, shot a short video of commenting on the synthetic steak and posted it to a platform at 23:53 on April 7, 2018. Close-up footage in the video shows that the synthetic steak Chen was reviewing was the product of the informant. Although the steak contained a variety of additives, it still met the relevant national standards, but Chen used phrases such as "Do you dare to eat it", "Do you want my child to get Alzheimer's disease" and "steak that will kill children" in the video, which damaged the whistleblower's business reputation and product reputation. As of 8:47 on April 8, 2018, the above video has been played 2,635 times, with 1,637,000 likes, 3,620 followers and 454,000 followers on the Tiktok account.
With the rapid development of Internet technology in China, the scale of the Internet industry is expanding year by year. Innovation in the Internet field is very active, new technologies and business models emerge one after another, and the competition within the industry is extremely fierce, which also brings many new problems. "According to Article 11 of the Anti-Unfair Competition Law, operators shall not fabricate or spread false or misleading information to damage the business reputation of competitors or the reputation of their products." Partner at law firm in the east China sea Zhu Hong in an interview with the China trade news reporter said, according to the provisions of article 23 of the "anti-unfair competition law", the operator in violation of the provisions of article 11 of this law of commercial reputation, commodities reputation damage the competition, the supervision and inspection department shall be ordered to stop the illegal act, eliminate the influence, be fined one hundred thousand yuan and five hundred thousand yuan; If the circumstances are serious, he shall be imposed a fine of not less than 500,000 yuan but not more than three million yuan.
Zhu Hong believes that on the one hand, China's laws are constantly improving and market supervision is gradually increasing. Enterprises should improve their awareness of compliance and compete properly by reducing operating costs and improving operating efficiency, rather than vilifying competitors by unfair means to gain the market. On the other hand, when an enterprise feels that its rights and interests are damaged in the event of unfair competition, it must retain the evidence as soon as possible and file a lawsuit in time to avoid further damage.
In this case, the law enforcement agency used electronic authentication, the technical means of proof, on the basis of the accurate identification of the facts of the case, the illegal subject to fabricate, fabricate, spread its competitors false commodity quality evaluation behavior to carry out strict law enforcement, effectively protect the lawful rights and interests of the law-abiding operators.
Jiang Daxing, a researcher at the Research Center for Enterprise and Company Law of Peking University Law School, put forward three important aspects in the seminar on the rule of law and Compliance of State-owned Enterprises in the digital era. Good compliance management should grasp the essence of enterprise risk and build a compliance management system in line with enterprise practice. First, identify potential risks and set up different management measures according to the degree of risk. Compliance risk maps need to be prepared by compliance managers of each enterprise, and the general compliance management guide is only a framework. We should promote substantive compliance management, rather than simply forming a unified document system in accordance with various guidelines.
Second, compliance management should be a differentiated risk management. For example, a multinational enterprise should conduct differentiated management based on the rules of different countries. At present, there are still differences in laws and regulations around the world, so we should carry out cross-border risk management for different countries when carrying out international trade. Meanwhile, differentiated management also means that we should conduct differentiated compliance management based on different business scenarios of our company, follow the main business processes and scenarios, and provide personalized solutions.
Finally, the compliance department should strive to achieve a balance between business development and risk control. This means managing the relationship between risk management and business development, and between business judgment and legal judgment. If an enterprise cannot develop its business, good compliance management is futile. But it is not easy to set up the notion that business units in practice often face the contradiction between compliance and development, chairman of the board of directors for the compliance of business support the development of the enterprise, don't think business plan compliance and compliance business department put forward different opinions, the conflict between legal judgment and business judgment and coordination problems began to emerge.
"Only by establishing a good compliance vision, drawing their own risk map, doing differentiated management according to the business characteristics and business scenarios of different countries, and clarifying the relationship between legal judgment and business judgment, can enterprises move away from formal compliance and toward substantive compliance." Jiang daxing said.
