2021-07-07 11:49

 

The State Administration of market supervision points to low price dumping and big data

 

[Beijing Direct News NetworkJuly 7th] (CCTV news)The General Administration of market supervision yesterday (July 2) made public comments on the administrative penalty provisions for price violations (Revised Draft for comments).

[low price dumping] the revised draft stipulates that, in order to exclude competitors or monopolize the market, dumping at a price lower than cost, disrupting normal production and operation order, damaging the legitimate rights and interests of the state or other operators, it shall be ordered to make corrections, confiscate the illegal gains and may also impose a fine of less than 5 times the illegal gains; If there is no illegal income, a warning shall be given and a fine of not less than 1% but not more than 10% of the sales amount during the period of the illegal act shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its business license.

[price discrimination] if the same goods or services are provided and other operators with the same trading conditions are discriminated against, they shall be ordered to correct, their illegal gains shall be confiscated and a fine of less than 5 times the illegal income shall be imposed; If there is no illegal income, a warning shall be given and a fine of not less than 1% but not more than 10% of the sales amount during the period of the illegal act shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its business license.

[price collusion] if the price of commodities increases substantially due to collusion with each other and manipulates the market price, it shall be ordered to correct, the illegal gains shall be confiscated and a fine of less than 5 times the illegal income shall be imposed; If there is no illegal income, a warning shall be given and a fine of not less than 1% but not more than 10% of the sales amount during the period of the illegal act shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its business license.

[price increase] fabricating and spreading price rise information during the period of tight market supply and abnormal price fluctuation, thus disturbing the order of market price; Except for production and self use, if the quantity or storage period exceeds the normal storage period, a large number of hoarded goods are not sold or sold in small quantities, and the hoarding is still continued after being warned by the price supervision and administration department; To push the price of goods or services up too fast or excessively by forcing tying, charging or raising other expenses in a large amount. To order it to correct, confiscate the illegal gains and impose a fine of less than five times the illegal gains; If there is no illegal income, a warning shall be given and a fine of not less than 1% but not more than 10% of the sales amount or the accumulated goods during the period of the illegal act may be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its business license.

[price fraud] if a consumer or other operator is deceived by false or misleading price means, it shall constitute price fraud, be ordered to correct, confiscate the illegal income and impose a fine of less than 5 times the illegal income; If there is no illegal income, a warning shall be given and a fine of not less than 1% but not more than 10% of the sales amount during the period of the illegal act shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its business license.

[raising the price by raising the level or pressing the price at the same time] if the commodity is sold, purchased or provided with services by means of raising or lowering the grade, if the price is increased or lowered in disguise, it shall be ordered to correct, the illegal income shall be confiscated and a fine of less than 5 times the illegal income shall be imposed; If there is no illegal income, a warning shall be given and a fine of not less than 1% but not more than 10% of the sales amount during the period of the illegal act shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its business license.

[price illegality in new business form] e-commerce platform operators use big data analysis, algorithms and other technical means to set different prices for the same commodity or service under the same trading conditions based on the characteristics of consumers or other operators' preferences, trading habits and other factors other than cost or legitimate marketing strategies; In order to exclude competitors or monopolize the market, e-commerce platform operators who do not have the dominant position in the market dump at a price lower than cost through subsidies, disrupt the normal production and operation order and damage the national interests or the legitimate rights and interests of other operators. Other unfair price behaviors of competitors of e-commerce platform stipulated by administrative regulations and departmental rules. Warning shall be given and a fine of not less than 1 ‰ but not more than 5 ‰ of the total sales amount of the previous year may be imposed. If there is any illegal income, the illegal income shall be confiscated; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its business license.