Hangzhou Intermediate People's Court ruled that the "China Zhiwang Anti -Monopoly First Case" withdrawn the plaintiff: the core appeal has been realized

△ Data Figure according to icphoto

Red Star News reporter ｜ Cai Xiaoyi Lan Jing

Edit ｜ Yu Mange

On July 31, Hongxing News learned from Guo Bing, the plaintiff of the "First Case of Anti -Monopoly China" that on July 27, the Hangzhou Intermediate People's Court has ruled that it approved the withdrawal of the withdrawal of the withdrawal on the 20th.

According to Hongxing News, due to the abuse of market dominance in Zhiwang, the service fee of open academic unscrupulous literature testing system was charged to individual users. The prosecution materials of the abuse of market dominance "were officially accepted by the Hangzhou Intermediate People's Court on March 21 this year.

Guo Bing introduced that because of its core demands that had been realized, he filed an application for withdrawal of a dismissal to the Hangzhou Intermediate People's Court on July 20. On July 27, the Hangzhou Intermediate People's Court ruled that the plaintiff was allowed to withdraw.

Earlier, this case was considered by a number of academic and industry experts as "the first case of antitrust of China". The plaintiff's withdrawal means that the case came to an end. But for Zhiwang, this may be just the first step in its antitrust rectification.

01

Retrospective

Discovering Zhiwangzhong service is not open to individuals

Associate Professor of Law filed an antitrust lawsuit

The plaintiff of the anti -monopoly lawsuit was Guo Bing, a special associate professor of the School of Law and Government of Zhejiang University of Technology. In 2019, Guo Bing sued Hangzhou Wildlife World, known as the "first case of face recognition" in China. Due to the collection and use of personal biological identification information such as human face, the case was selected as the top ten events in China in 2021.

According to Red Star News, during October 2021, Guo Bing received a paper notice from relevant parties during the public interest litigation seminar of the Procuratorate of the Chinese Law Society. Reporting report.

Subsequently, Guo Bing found that through the school subscribed by the school, he could not obtain the service of academic dislocents (that is, "checking" services). After learning from the colleges, school libraries and other departments, Guo Bing learned that China Zhizhi.com is not open to individual users. Students can only "check" services to various colleges when they are submitted each year. Teachers can only obtain "checking" services through the school library and pay a certain fee.

"After some tossing, I had to choose to pay the corresponding 'checking" service fee to the school library, and the library staff was "checking". "Guo Bing said.

After paying for the "weight", Guo Bing, who was engaged in legal work, carried out the relevant regulations for the first time. After discussing with some professionals and lawyers and friends, everyone agreed that Zhiwang's behavior was suspected of constituting the abuse of market dominance. "It mainly includes no legitimate reasons. Reasonable contract terms are limited to units personnel use academic unscrupulous literature detection system services, "."

In the discussion, Guo Bing also found that although many scholars discussed the monopoly of Zhiwang, no one really filed an antitrust lawsuit against Zhiwang. "Last year, Professor Zhao Dexin of Zhongnan University of Finance and Economics and Law informed the website of his dissertation and charged. It was not a antitrust lawsuit, but a copyright infringement lawsuit.

△ China Zhizhi.com "Academic Involue Literature Detection System" interface

In December 2021, Guo Bing officially submitted a prosecution material for the prosecution of China Zhizhi.com's abuse of market dominance through the "Zhejiang Mobile Micro Court". Litigation requests include: first, the network was informed that the network published an apology statement on the official platform; second, the defendant immediately stopped abusing the abuse of market dominance and opened the academic unscrupulous literature detection system to the individual users, including the plaintiff; The defendant compensated the plaintiff's economic loss and reasonable expenditure of 10,000 yuan.

Guo Bing complained that China Zhiwang's abuse of market dominance disputes. After the Hangzhou Intermediate People's Court was filed for review, the organization of the organization conducted a pre -complaint, and finally failed to mediate success. The Hangzhou Intermediate People's Court officially accepted the case on March 21, 2022.

02

latest progress

Zhiwang has opened to individuals to check service services

Due to the implementation of the core litigation request, the plaintiff withdrew the lawsuit

On July 31, Hongxing News learned from Guo Bing, the plaintiff of the "First Case of Anti -Monopoly China" that on July 27, the Hangzhou Intermediate People's Court has ruled that it approved the withdrawal of the withdrawal of the withdrawal on the 20th.

Guo Bing's "Application for withdrawal of the Cost" provided by Guo Bing on July 20 shows that the "withdrawal infringement and reason" shows that the respondent provided a heavy service for the individual users including the applicant, because the applicant's active stopping the abuse of the market dominance ( For the original academic unrealistic literature detection system services), the applicant's core litigation request (that is, "the defendant immediately stopped the abuse of the market dominance, and opened the academic unrealistic literature detection system services to the plaintiff, including the plaintiff") Therefore, the application for withdrawal of prosecution, looking at the expedition to the court to allow it.

On July 27, the Hangzhou Intermediate People's Court ruled that it approved its application for withdrawal. The Civil Ruling believes that the application for withdrawal of Guo Bing's withdrawal complies with laws and regulations should be allowed.

Guo Bing said that since China Zhiwang has directly provided "check" services to individual users and actively stops the abuse of market dominance, its core litigation request has been realized. "As far as I know, this is the first time that Zhiwang has completed a large rectification." China Zhiwang official WeChat released on June 12 "Announcement on Providing Heavy Services for Individuals in China" said that Zhiwang is using The status of its own database industry, cracking down on flooding of "investigating the gray industry", and cracking the high -priced problems of malformations. This is the first step in Zhiwang for the first time after the State Market Supervision Administration announced on the law of Zhizhi.com for investigation on the suspected implementation of monopoly behaviors in accordance with the law. The "Announcement" also stated that from now on, China Zhiwang provides individual users with direct investigation services.

Red Star News noticed that Zhiwang had previously issued an announcement saying that "the management process can only be used for institutions" and "never sell it to any individual." Regarding the reasons and purposes of this service this time, Zhizhi.com said, "In the past, it only provided investigation services for institutions, ignoring the actual needs of the majority of individual users' academic norms and checking and new. The problem."

△ "Application for withdrawal"

In the Announcement of the Annex "Personal Investigation Services", Zhiwang answered the questions such as the reason for the reason, the charging standards, and the security after uploading the papers. Zhiwang said that the pricing of the personal version of the heavier service refers to the method of charging the number of characters in the market. In order to protect the security of personal papers, personal users upload the papers to investigate the independent operation, and the content of personal information and thesis is only visible; the papers sent by the individual inspection are only stored on the special server for investigation. Essence

At the same time, Zhiwang continued to provide graduate training management institutions (graduate schools) to provide graduate students with free dissertation for free and heavy service. The number of free times increased from 1.5 times per capita to 3 times per capita. In addition, Zhiwang intends to provide an unlimited service method for the internal institutions designated by the school, providing a degree thesis to the postgraduate personal dissertation service to the graduate students as a regular channel for the school.

03

Lawyer

Monopoly status operator

You must refuse the transaction without justified reasons

Lawyer Wang Qiongfei, director of the Zhejiang Law Society Competitive Law Research Association and founding partner of Zhejiang Kenting Law Firm, introduced to Hongxing News that monopolies are generally divided into monopoly and monopoly. The reason is that the antitrust law does not oppose the monopoly position, but is against the use of monopoly positions to do bad things, that is, the abuse of market dominance.

"The key to judging whether to monopolies is that, as a subject with a monopoly position, Zhiwang has implemented an abuse of monopoly position." Wang Qiongfei pointed out, "In this case, the problem involved in Zhiwang is to refuse transactions (personal check -up services) According to the antitrust law, operators with a monopoly position cannot refuse the transaction without justified reasons. "It is understood that before, Zhiwang announced that it was" only used for the management process of institutions "," Never sell to any individual. "

According to Wang Qiongfei, in addition to the problems involved in this case, Zhiwang also involves the problem of signing exclusive copyrights and unfair high prices, which is also the focus of user discussion. In terms of antitrust law, operators with monopoly positions cannot be priced too high. Once they are considered to constitute unfair high -priced behaviors, they will be regarded as an act of abuse of market dominance.

In Wang Qiongfei, this case is only a small step to solve the problem of Zhiwang, but it is a big step for consumers to defend their rights. "Looking forward to this case, we can establish some rules for us from the legal level, and can guide the smooth development of the industry."

Song Hefa, a researcher at the Academy of Science and Technology Strategic Consultation of the Chinese Academy of Sciences and the deputy dean of the Intellectual Property School of the University of China, also said in an interview with the media that the real problem is the monopoly of Zhiwang. "This is a problem that the academic community has been hotly discussed at present. "

"For example, Zhiwang signed an exclusive authorization agreement, which actually hinders the opportunity to use and disseminate other platforms. It seems to protect the interests of publishers, but due to the competitiveness of the Internet platform, this exclusion of other Internet platforms has limited restrictions on restrictions on restrictions on restrictions on other Internet platforms. Fair competition. "Song Hefa said.

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