China News Service, July 2nd. According to the website of the State Administration for Market Regulation, the State Administration for Market Regulation recently drafted the "Regulations on Administrative Penalties for Pricing Illegal Acts (Revised Draft for Solicitation of Comments)" (hereinafter referred to as the Draft for Opinions), which will be released to the public from July 2nd. Open for comments.
The opinion draft pointed out that e-commerce platform operators use big data analysis, algorithms and other technical means, based on the preferences and transaction habits of consumers or other operators, and based on factors other than cost or legitimate marketing strategies, to deal with the same goods or services. If different prices are set under the same trading conditions, a fine of 1‰ to 5‰ of the total sales of the previous year may be imposed concurrently. If there are illegal gains, the illegal gains shall be confiscated; if the circumstances are serious, the business shall be ordered to suspend business for rectification, or the business license shall be revoked.
Data map: State Administration of Market Supervision and Administration.
Photo by China News Agency reporter Jia Tianyong
In response to price bidding, the draft opinion clearly stated that, in violation of Article 14 (3) of the Price Law, the operator committed one of the following actions during the period of tight market supply and abnormal price fluctuations to drive up prices and disrupt the order of market prices. , Order corrections, confiscate the illegal gains, and impose a fine of less than 5 times the illegal gains; if there is no illegal gains, a warning shall be given, and a fine of 1% to 10% of the value of the hoarded goods during the period of the illegal act may be imposed; the circumstances In serious cases, it shall be ordered to suspend business for rectification, or its business license shall be revoked.
One is fabricating and disseminating price increase information to disrupt the market price order; second, except for production for personal use, exceeding the normal storage quantity or storage period, a large amount of hoarded goods are not sold or a small amount is sold, and the price supervision and management department warns that they continue to hoard ; The third is to push the prices of goods or services to rise too fast and excessively through compulsory tying, high charging or other fees, etc.; the fourth is to use other means to drive up prices and promote the prices of goods to rise too fast or excessively. .
If units other than those specified in the preceding paragraph disseminate false price increase information to disrupt market price order and should be investigated and dealt with by other competent authorities in accordance with the law, the price supervision and management department may propose punishments in accordance with the law, and the relevant competent authorities shall punish them in accordance with the law.
In response to price violations in the new business format, the draft opinion pointed out that in violation of Article 14 of the Price Law and one of the following circumstances, a warning will be given and a fine of 1‰ to 5‰ of the total sales of the previous year may be imposed. In case of illegal income, the illegal income shall be confiscated; if the circumstances are serious, it shall be ordered to suspend business for rectification, or its business license shall be revoked.
One is that e-commerce platform operators use big data analysis, algorithms and other technical means, based on the preferences and transaction habits of consumers or other operators, and based on factors other than costs or legitimate marketing strategies, to provide equal products or services. Different prices are set under trading conditions.
The second is to squeeze out competitors or monopolize the market. Operators of e-commerce platforms that do not yet have a dominant market position use subsidies and other forms to dump at a price below cost, disrupt normal production and operation order, and harm national interests or the legality of other operators. Equity.
The third is other improper price behaviors of e-commerce platform competitors as prescribed by administrative regulations and departmental rules.
In terms of clearly marking prices, the draft opinion clearly states that if the operator violates Article 13 of the Price Law and commits one of the following acts, he shall be ordered to make corrections, the illegal income shall be confiscated, and a fine of less than 5,000 yuan may be imposed; it has not actually harmed consumers or other operations Those who have the right to know and make timely corrections shall be given a warning or a notice of criticism, or no punishment shall be imposed.
One is that the price is not marked; the other is that the price is not clearly marked in accordance with the stipulated content and method; the third is to sell goods at a price increase or to charge unspecified fees; the fourth is to violate other behaviors that violate the stipulated price.