During the epidemic prevention and control period, Fengchao ’s airborne “express cabinet price increased by 50 cents, and members did not charge overtime fees” caused a heated discussion. usage of. Recently, Fengchao issued an apology statement and adjusted the free storage period from 12 hours to 18 hours. After the timeout, it will be charged 0.5 yuan every 12 hours, and 3 yuan will be capped. Holidays will not be charged. Despite the commercial interest behind it, from a legal point of view, is Fengchao's price increase reasonable? Is it "legal" to close the community property? How do consumers protect their rights? The judges of Beijing Chaoyang District People's Court answered these hot issues.
Q: Is Fengchao's price increase suspected of illegal monopoly?
Answer: According to my country's anti-monopoly law, monopolistic behaviors include: the operator reaching a monopoly agreement; the operator abusing market dominance; the concentration of operators who have or may have the effect of eliminating or restricting competition. Article 19 of the Law stipulates: "In one of the following situations, it may be presumed that the operator has market dominance: (1) One operator ’s market share in the relevant market reaches one-half; (2) Two operations The total market share of the operators in the relevant market reaches two thirds; (3) The three operators have a combined market share of three quarters. "
According to media reports, after the acquisition of express delivery, the market share of Fengchao smart express boxes reached 67%, which can be considered to have a dominant position in the market, but whether the price increase constitutes an "abuse" of the dominant market position under the antitrust law requires antitrust The law enforcement agency conducts an investigation and specifically considers whether it affects the industry ’s access standards, whether it constitutes unfair competition, the reason for the price increase, and the income obtained from the price increase. If it does constitute a monopoly and causes losses to others, it should Bear civil liability according to law.
Q: Is it legal for consumers to bear the cost of express storage?
Answer: The courier company is equivalent to the carrier in this article. If there are no exceptions, it should take the harvest location selected by the consumer as the place of delivery. In this process, the merchant assumes the obligation to deliver the goods to that location, otherwise it belongs to Incomplete performance of contractual obligations. The relationship between the merchant and the logistics company is a logistics service contract. In principle, logistics services include cargo transportation, storage, loading and unloading, distribution, etc. The specific should be based on the logistics service contract. Without the consumer ’s knowledge, the logistics service contract relationship between the merchant and the logistics company and the consumer Irrelevant, there is no legal basis for consumers to bear the express storage fee as prescribed by Fengchao.
However, if the courier delivers goods to the door, the merchant has fully fulfilled the obligation of the sale and purchase contract. .
Q: In the face of price increases, do residential properties have the right to "close the nest"?
Answer: Fengchao smart express box is generally placed in the public location of the community. The public location belongs to all the owners. Occupation and cancellation of the occupation should be approved by the relevant owners and the owners' meeting. Announce the "closing nest" without the owner's consent Infringed on the legal rights of the owners.
In addition, when setting up Fengchao smart express cabinets, the property company and Fengchao generally sign a contract for the cooperation of the property express cabinet. Does the price increase of Fengchao constitute a breach of contract? The content of the cooperation agreement shall prevail, otherwise the property company may bear the corresponding liability for breach of contract.
Q: Is it legal for a courier to place a courier in a courier without the recipient ’s consent?
Answer: The "Administrative Measures for Smart Express Box Delivery Service" implemented from October 1, 2019 stipulates that the use of smart express boxes for express delivery should be approved by the recipient, and the delivery period and other information should be notified in time after delivery. According to the above regulations, consumers may complain or report to the postal management department for unstandardized acts of putting express items into smart express boxes without consent, and the postal management part has the right to deal with them according to law.
□ Our reporter Xu Weilun □ Our correspondent Yang Jie