The first public data antitrust lawsuit in China: The car insurance data query platform has been sued for the abuse of market dominance. The court has accepted it

Recently, the "used car insurance data transaction involving monopoly" in the field of public data has aroused the industry's attention. Red Star News reporter was informed that Shanghai Kunji Automobile Technology Co., Ltd. (referred to as Shanghai Yizhen Company) who engaged in used car transactions (referred to as Shanghai Yizhen Company) filed a lawsuit on Beijing and Auto Langle Information Technology Co., Ltd. (referred to as Beijing and Auto Bank Company) The market dominance of domestic used car insurance data line query services has been implemented, and unfair high prices and differential benefits have been implemented.

It is understood that Beijing and Auto Link are the operators of the second -hand car information service platform "Lemon Check". A few days ago, the case has been officially accepted by the Beijing Intellectual Property Court.

↑ Beijing Intellectual Property Court Acceptance Notice

By inquiring about the China Magistrate Document Network and public disclosure information, there are no cases involving antitrust lawsuits in the field of public data. The plaintiff told the Red Star News reporter that "Lemon Check" data originated from the public data of national auto insurance information and needs to be in line with the market -oriented operation of public data.

The relevant person in charge of "Lemon Cha" said that the company had received a letter from the court on September 9 and is currently actively responding to the lawsuit.

Second -hand car dealer sued:

Implement unfair high price and differential treatment

Auto insurance data query platform is suspected of monopoly

Tianyancha shows that the main business scope of the plaintiff Shanghai Yimao Company includes second -hand car distribution, and generally obtains car insurance information through the used car information service platform. The indictment stated that the "Lemon Inspection" operated by the defendant Beijing and the Automobile Bank company was a national auto insurance information platform operating through the China Automotive Circulation Association (CADA) to obtain auto insurance data. As an industry public data platform, the National Automobile Insurance Information Platform has initially established auto insurance information sharing and interaction mechanisms. It has not directly provided market -oriented auto insurance data query services.

↑ "Lemon Cha" official website shows that its operating company is Beijing and Auto Bank Company

As of November 2021, the "Lemon Cha" platform was launching less than a year, and more than 7,000 car dealer groups, used car trading markets, used car dealers and 4S shops have signed contracts. "Lemon Inspection" is charged by the query in a single query. It is not a member of 32 yuan, and the member price is 28 yuan.

Red Star reporter noticed that "Lemon Check" a portion of public information also showed that its data "all come from the China Banking Insurance Platform, including the underwriting and claim data of various domestic insurance companies, and combined with the relevant data of the second -hand car industry in the association."

Public information shows that the operating company of the national auto insurance information platform is Bank of China Insurance Information Technology Management Co., Ltd. (referred to as Yin Insurance). The official website of Yinbaoxin shows that the national auto insurance information platform is the management of the entire process of car integrators and the entire process of claims. , Comprehensive service platform for cross -industry comprehensive information sharing services. Yinbaoxin is directly managed by the Bank of China Insurance Supervision and Administration Commission, and is mainly responsible for the construction and operation of the national unified banking and insurance industry information sharing system.

↑ Civil prosecution

The plaintiff believes that the data of the national auto insurance information platform belongs to the category of public data. The flow of public data of auto insurance is the general trend of future strategic development. Through the flow, it can exert huge social value and business value. "But it needs to meet certain flow principles."

"After getting public data from a company, after being authorized to carry out market -oriented operation, it already occupies an absolute market share. With the market dominance determined by antitrust law, it is necessary to comply with the antitrust law. Unfair price, but micro -profit, cost or government guidance price. "The plaintiff said that taking the face recognition system of the Ministry of Public Security as an example, various Internet companies and major banks will cooperate with the face recognition system. But only pay a few points or lower prices at a time.

The plaintiff's direction of Hongxing News reporter said that "Lemon Check" can easily obtain public data of the national auto insurance information platform, covering the mobile vehicle insurance data of 68 car insurance companies across the country. It has natural advantages in the number and quality of data. Enter the relevant market. The plaintiff believes that second -hand car dealers have a high degree of dependence on "lemon check" and have formed a de facto market dominance. "Unlike lemon checks, some information platforms that obtain data from commercial channels are to obtain data through cooperation with insurance companies and car companies in various places. Therefore, there is no accurate authority of lemon check and high cost."

Based on this, the plaintiff believes that the defendant's behavior of the China Automobile Circulation Association's members and non -member members and the use of car insurance data inquiry services that use public data to inquire about unfair high prices have been suspected of abusing the position of market domination and belonging to the antitrust law. Forbidden abuse of market dominance. The plaintiff said, "The use of public data exists in many fields, but the case of lawsuit is the first time. I hope that through this lawsuit, justice will be provided for some rules for the market -oriented operation of public data."

The defendant responded:

I have received the letter from the court

I'm actively preparing to respond

By inquiring the official website of the China Automobile Distribution Association, Red Star reporters learned that "Lemon Check" is called "China Automobile Circulation Association Second -hand Car Information Service Platform CADA Lemon", which is led by the China Automobile Distribution Association and recommended it. It was officially released on the 18th.

Public information shows that the China Automobile Circulation Association is the only national corporate corporate organization in the automotive circulation industry registered in the Ministry of Civil Affairs. There are no official platforms that can accurately inquire about second -hand car accident information in China. "Lemon check is" China's leading used car information service platform. The platform can accurately provide consumers with the attention of the second -hand cars they are in danger during insurance, Specific risk status and maintenance sites provide reliable basis for consumers to buy with confidence. " ↑ CADA official website screenshot

According to the article, the audience of the platform includes second -hand car -related members of the China Automobile Circulation Association, including car dealer groups, used car trading markets, 4S shops and second -hand car dealers. The name of the article "Lemon Cha" comes from the concept of lemon carts. "Because lemon is a kind of fruit with golden inner sourness, everyone is compared with the defective car from the appearance to the lemon car. When consumers buy a problem with a problem, it is like eating a lemon, sourness, sour Unbearable, it is difficult to swallow. CADA Lemon Check is exactly the appearance of helping consumers to unveil the lemon car and let consumers dare to buy and drive used cars. "

Red Star reporter contacted the "Lemon Cha". The relevant person in charge of the platform said that the company had received a letter from the court on September 9 and was currently actively responding to the lawsuit. The court has not notified the trial time.

Lawyers and experts say:

1. There is no clear legal regulations for the type of car insurance data types

Guo Bing, a special associate professor of the School of Law and Government of Zhejiang University of Technology, said: "In fact, there are fewer private lawsuits involving antitrust in China. With my observations, there were almost no public data fields before."

Guo Bing introduced that auto insurance data is more complicated. It comes from our individuals. At first, it should belong to corporate data and control it by insurance companies. However, insurance companies have a legal obligation that will bring these data to the national auto insurance information platform. "In this process, auto insurance data is handled by the government and transformed from corporate data to public data. For this type of public data, regional recognition or even anonymity of personal information will generally conduct personal information."

At present, public data can be divided into three types: completely open, limited openness and prohibition of openness. From the current analysis of the situation, auto insurance data may be used as a restriction on open public data, but there is no clear national law that stipulates its types of ownership. In the process of openness or circulation of public data, public safety is often involved, so operators related to public data must also fulfill certain data security obligations.

2. If there is no reasonable pricing without reason, it is suspected of monopoly

Zhao Hu, a lawyer of Beijing Zhongwen Law Firm and an expert in Beijing Intellectual Property Expert Library, introduced in an interview with the media that the use of public data should be divided into situation and classification to judge. The first is the disclosure of the data. Some public data can be disclosed. For example, the official data, the number of cases mentioned in the court report, etc. The public data can generally not involve national security and personal privacy. Data involving personal privacy, personal information, and business secrets cannot be disclosed. Generally, they still need to keep confidential after the state organs are obtained and cannot be illegally provided to others.

"Therefore, public data should be divided into public, non -public, some sensitive information can be made public, and it is publicly disclosed for a certain purpose." Attorney Zhao Hu believes that from the analysis of the existing situation, the second -hand car car is analyzed, the second -hand car car is analyzed. The information exchange should involve the fourth type of data information, that is, the data used publicly within a certain range, and there should be reasonable reasons, but the user is responsible for a certain amount of responsibilities, and the right to disclose data and infringe on others.

According to Zhao Hu, the issue of how to use public information and data for relevant public management institutions depends first on whether the authorization of this public management agency is legitimacy and rationality. Market dominance. For example, whether there is a discriminatory transaction: refuse to trade with traders, or add other unreasonable conditions during transactions, or to implement differential treatment in transaction prices on the same conditions. If differential pricing is adopted and there is no reasonable reason, it is likely to violate the provisions of the antitrust law.

3. The defendant's company or has abused market dominance status

Lawyer Lin Xiaoming, a partner of Law Firm, Sichuan, said that it is necessary to determine whether Beijing and Automobile Company constitute the abuse of market dominance. At least two aspects need to be considered: whether the defendant has a market dominance, and the second is whether the defendant is engaged in engaging in Abuse of market dominance.

The national auto insurance information platform affiliated to Yingbao will provide public data such as insurance industry insurance and claims such as administrative powers and public service functions provided to Beijing and Auto Link Company to operate the "Lemon Inspection" platform, which is also the exclusive monopoly of Beijing and Auto Bank Company. The aforementioned public data obviously already has the corresponding market dominance.

At the same time, since the pricing of public data generally uses the method of processing costs plus appropriate profits to form a government guidance price, and "Lemon Check" cannot explain the rationality of its pricing; at the same time, the platform querys a fee of 28 yuan for members. 32 yuan is obvious price discrimination, and has implemented the abuse of market dominance.

Judging from the current appearance, the company and platform are suspected of abuse of market dominance, but more and further evidence is required to prove it, and the people's court will eventually be judged by the people's court.Of course, to safeguard the interests of peers in normal ways such as law, or to generalize the law in the case, so as to promote everyone's cognition and environment to encourage it.Red Star News reporter Cai Xiaoyi Du Yuquan

Edit Yu Dongmei Zhang Li

- END -