seashells for jewelry wholesale Can't Wal -Mart use Alipay to violate the law?

Carrie

November 24, 2022 at 12:33 pm

wholesale navajo jewelry artists On March 23, a consumer in Chongqing broke the news on Weibo, "Wal -Mart will not let Alipay check out!"
The news from 91 stores in Wal -Mart West District to stop Alipay, which has aroused widespread public concern, "suspected monopoly" "Belongs to improper competition" and "damage to consumer rights" and other questions are endless. How to evaluate the legal nature of this behavior? This magazine interviewed relevant experts. Experts interviewed generally believed that independent operations are the rights of merchants, but consumers' choice of choice should be respected.
Morima made "Business Decision"
"Wal -Mart will not let Alipay checkout!" On the evening of March 23, a consumer in Chongqing revealed on Weibo that a local Wal -Mart supermarket suspended the use of Alipay payments paid by Alipay information.
The first proved the news of the news posted by the consumer was publicized: "Since March 15, 2018, the payment method of this store is: WeChat payment, UnionPay card, credit card, prepaid payment, prepaid payment Card and cash (suspension of Alipay). At the same time, in order to give back to the majority of consumers, we will start WeChat payment full reduction activities from March 15, 2018 to April 1st. Similar notices are reposted by consumers in Chengdu, Kunming, Yunnan, Yunnan, Yunnan.
The person in charge of the Yunnan area of Wal -Mart subsequently confirmed: "Starting on March 15, all Wal -Mart stores (15) in Kunming have suspended Alipay payment, and the entire Huaxi District (including Yunnan, Guizhou, Sichuan, Chongqing) 91 stores have also temporarily stopped receiving Alipay payment. "After
, Wal -Mart China officially responded to the media and consumers, saying that from March 15, 2018, Wal -Mart Huaxi District and WeChat reached in -depth cooperative relationships, which will be launched. Exclusive discounts and more precise marketing cooperation based on big data analysis. At the same time, from March 15, Wal -Mart's 91 stores in West China temporarily stopped receiving Alipay payment. "This is a business decision, and Wal -Mart reviews the business from time to time."
Waloma announced the suspension of receiving the payment of Alipay payment in some stores, which quickly triggered onlookers and "damaged consumer rights", "suspected monopoly", "this is improper competition" and other sounds appeared one after another. What kind of behavior is such a "business decision"? Does it involve infringement? Can you hold the legal responsibility for it? Focusing on related issues, the reporter interviewed relevant persons and legal experts.
is the scope of independent business
Faced with this "business decision" of Wal -Mart, on the evening of March 23, WeChat officially responded to: "We respect Wal -Mart's business choice." Sina WeChat on March 26th Zhang Jun, who recognizes the "Tencent Public Relations Director", said: "In fact, any third -party mobile payment is still in the process of communicating and promoting access to the merchant. For merchants, third -party payment is just an optional item, not a required option. "" WeChat payment to do is to provide a series of digital tools for merchants, not obtain merchant data, respect business privacy, and obtain partners to obtain partners Trust and recognition. "
The reporter contacted the relevant person in charge of Ant Financial (Alipay), and the latter said that he did not respond to the matter.
This consumers feel the inconvenience of paying, and vomit: "I can't use Alipay, I worked hard to choose a bunch of things, and I couldn't pay the model." The supermarket cannot be "...
The netizen Onttheway believes that this is the result of Wal -Mart's" station team "Tencent. Some media subsequently disclosed the equity relationship between related companies: "In June 2016, Wal -Mart and Jingdong announced their in -depth strategic cooperation. At present, Wal -Mart is the third largest shareholder of Jingdong, with a shareholding of 12.1%. Tencent, which has WeChat payment, is the largest shareholder of Jingdong with a shareholding ratio of 21.25%. Since the investing in JD.com, Wal -Mart has become a member of the Tencent's new retail camp. " Does Tencent play a certain role later? We think that each merchant has its own right to choose from how to pay for customers, which belongs to the scope of the business of merchants. " Liu Xiaochun, executive director of the center, told reporters.
This, Professor Liu Junhai, director of the Institute of Commerce Law of Renmin University of China, expressed its recognition that "the enterprise does have freedom of business, can choose to cooperate with Ali, or cooperate with Tencent because there is no prohibition of law. It belongs to a person with a monopoly position in the market and abuses monopoly advantages. Two elements are at the same time. "
The suspected monopoly conclusion is too early
, then whether Wal -Mart has a monopoly position and the abuse of monopoly advantages Woolen cloth?
"Wal -Mart is a recognized business giant. Wal -Mart's shopping supermarket in Kunming belongs to the industry giants. Due to brand and supplier factors, Wal -Mart has a considerable market monopoly position in retail channels. Acts that implement trading conditions for a certain payment method constitute a suspected abuse of market dominance. "Some experts analyzed.
Liu Xiaochun held the opposite opinion. She believes that from the current influence, Wal -Mart's refusal to refuse Alipay has not caused the freedom of Alipay to participate in market competition, nor does it cause damage to the entire competition order. Therefore, " In my opinion, these stores in Wal -Mart are far from governing the market. "
The reporter consulted the antitrust law and found that what kind of operators have a" market dominance "and the antitrust law Article 17 This definition: "The market dominance in this law refers to the market position that operators can control the price, quantity or other trading conditions in the relevant market, or to hinder and affect other operators' market position. "Article 18 stipulates that" determining that the operator has market dominance and shall be based on the following factors: (1) the operator's market share in the relevant market and the competitive status of the relevant market; (2) The capabilities of the raw material procurement market; (3) the financial resources and technical conditions of the operator; 6) Other factors related to the determination of the market dominance of the operator. "Article 19 stipulates:" If one of the following circumstances, you can predetermine that the operator has a market dominance: (1) a market share of an operator in the relevant market. For one -half; (2) the total market share of the two operators in the relevant market reached two -thirds; (3) the total market share of the three operators in the relevant market reached three -quarters. "
In response to this, Liu Junhai said that it is advocated that a company is suspected of abusing the position of market dominance and depends on the real data of its market share. It is necessary to give sufficient evidence and not to assert.
This views have also been recognized by other experts. A antitrust law expert who has long studied the competition of Internet companies told reporters that from the current facts, Wal -Mart interrupted existing cooperative relationship with Alipay, which is a refusal transaction. , Article 17, paragraph 1, paragraph 3, involved in the Antitrust Law, "operators with market dominance have no legitimate reasons and refuse to trade with the counterparty." So Wal -Mart has a market dominance? If so, where is it? For traditional enterprises, it is better to judge that it is a market share. This is related to the marketization, and the marketization is equivalent to the denominator. The larger the marketization, the smaller the market share. Then, what areas of Wal -Mart belong to the market, different classification, the market share calculation results are different. Is it a daily commodity retail, or is it a wider category? Because it is currently defined and data is incomplete, the market share is also uncertain.
The proposal proposed by some netizens, Wal -Mart's behavior also involves the issue of unfair competition law. The expert believes that "the anti -unfair competition law does not specify this, which is not a matter of improper competition."
Is whether Wal -Mart's approach belongs to exclusive transactions, the expert pointed out, "Exclusive transactions are exclusive transactions, except for one party, I will not trade with any party. Wal -Mart said that Alipay is not available, WeChat is OK, but no, but no Remove other mobile payment methods, so you cannot define Wal -Mart's exclusive transactions. "
is the breach of contract that is not clear
So, does Wal -Mart's behavior constitute a breach of contract? Lawyer Qiu Baochang, director of the Professional Committee of Consumer Rights of the Beijing Lawyers Association, believes that enterprises or merchants can choose the way they operate independently, but they cannot violate the contract law and consumer rights protection law. "From a legal analysis, the decision of Wal -Mart may first have a contract. The store and Alipay have established a cooperative relationship before the store in Wal -Mart West, and a contractual relationship is formed between the two parties." Dr. Yue Yepeng, an associate professor of the college, analyzed that the previous cooperative relationship established between Alipay and Wal -Mart must reach a written agreement between the two parties. Is this discontinued Alipay payment? It depends on the specific provisions of the agreement between the two parties. If the two parties clearly agree that the cooperation period is after March 15, 2018, then Wal -Mart's behavior is a breach of contract; if the agreement clarifies the period of cooperation between the two parties will be on March 14, then Wal -Mart will be suspended on March 15th, and there will be no existence of existence of existence. Defense; if the two parties do not clearly agree on the period of cooperation in the agreement, then either party can terminate cooperation at any time.
If belonging to breach of contract, how to investigate the liability for breach of contract? Yue Yepeng said that the contract between Wal -Mart and Alipay has nothing to do with consumers. According to the contract law, only Alipay has the right to ask for accountability.

2 thoughts on “seashells for jewelry wholesale Can't Wal -Mart use Alipay to violate the law?”

Carrie
November 24, 2022 at 12:33 pm

wholesale navajo jewelry artists On March 23, a consumer in Chongqing broke the news on Weibo, "Wal -Mart will not let Alipay check out!"
The news from 91 stores in Wal -Mart West District to stop Alipay, which has aroused widespread public concern, "suspected monopoly" "Belongs to improper competition" and "damage to consumer rights" and other questions are endless. How to evaluate the legal nature of this behavior? This magazine interviewed relevant experts. Experts interviewed generally believed that independent operations are the rights of merchants, but consumers' choice of choice should be respected.
Morima made "Business Decision"
"Wal -Mart will not let Alipay checkout!" On the evening of March 23, a consumer in Chongqing revealed on Weibo that a local Wal -Mart supermarket suspended the use of Alipay payments paid by Alipay information.
The first proved the news of the news posted by the consumer was publicized: "Since March 15, 2018, the payment method of this store is: WeChat payment, UnionPay card, credit card, prepaid payment, prepaid payment Card and cash (suspension of Alipay). At the same time, in order to give back to the majority of consumers, we will start WeChat payment full reduction activities from March 15, 2018 to April 1st. Similar notices are reposted by consumers in Chengdu, Kunming, Yunnan, Yunnan, Yunnan.
The person in charge of the Yunnan area of Wal -Mart subsequently confirmed: "Starting on March 15, all Wal -Mart stores (15) in Kunming have suspended Alipay payment, and the entire Huaxi District (including Yunnan, Guizhou, Sichuan, Chongqing) 91 stores have also temporarily stopped receiving Alipay payment. "After
, Wal -Mart China officially responded to the media and consumers, saying that from March 15, 2018, Wal -Mart Huaxi District and WeChat reached in -depth cooperative relationships, which will be launched. Exclusive discounts and more precise marketing cooperation based on big data analysis. At the same time, from March 15, Wal -Mart's 91 stores in West China temporarily stopped receiving Alipay payment. "This is a business decision, and Wal -Mart reviews the business from time to time."
Waloma announced the suspension of receiving the payment of Alipay payment in some stores, which quickly triggered onlookers and "damaged consumer rights", "suspected monopoly", "this is improper competition" and other sounds appeared one after another. What kind of behavior is such a "business decision"? Does it involve infringement? Can you hold the legal responsibility for it? Focusing on related issues, the reporter interviewed relevant persons and legal experts.
is the scope of independent business
Faced with this "business decision" of Wal -Mart, on the evening of March 23, WeChat officially responded to: "We respect Wal -Mart's business choice." Sina WeChat on March 26th Zhang Jun, who recognizes the "Tencent Public Relations Director", said: "In fact, any third -party mobile payment is still in the process of communicating and promoting access to the merchant. For merchants, third -party payment is just an optional item, not a required option. "" WeChat payment to do is to provide a series of digital tools for merchants, not obtain merchant data, respect business privacy, and obtain partners to obtain partners Trust and recognition. "
The reporter contacted the relevant person in charge of Ant Financial (Alipay), and the latter said that he did not respond to the matter.
This consumers feel the inconvenience of paying, and vomit: "I can't use Alipay, I worked hard to choose a bunch of things, and I couldn't pay the model." The supermarket cannot be "...
The netizen Onttheway believes that this is the result of Wal -Mart's" station team "Tencent. Some media subsequently disclosed the equity relationship between related companies: "In June 2016, Wal -Mart and Jingdong announced their in -depth strategic cooperation. At present, Wal -Mart is the third largest shareholder of Jingdong, with a shareholding of 12.1%. Tencent, which has WeChat payment, is the largest shareholder of Jingdong with a shareholding ratio of 21.25%. Since the investing in JD.com, Wal -Mart has become a member of the Tencent's new retail camp. " Does Tencent play a certain role later? We think that each merchant has its own right to choose from how to pay for customers, which belongs to the scope of the business of merchants. " Liu Xiaochun, executive director of the center, told reporters.
This, Professor Liu Junhai, director of the Institute of Commerce Law of Renmin University of China, expressed its recognition that "the enterprise does have freedom of business, can choose to cooperate with Ali, or cooperate with Tencent because there is no prohibition of law. It belongs to a person with a monopoly position in the market and abuses monopoly advantages. Two elements are at the same time. "
The suspected monopoly conclusion is too early
, then whether Wal -Mart has a monopoly position and the abuse of monopoly advantages Woolen cloth?
"Wal -Mart is a recognized business giant. Wal -Mart's shopping supermarket in Kunming belongs to the industry giants. Due to brand and supplier factors, Wal -Mart has a considerable market monopoly position in retail channels. Acts that implement trading conditions for a certain payment method constitute a suspected abuse of market dominance. "Some experts analyzed.
Liu Xiaochun held the opposite opinion. She believes that from the current influence, Wal -Mart's refusal to refuse Alipay has not caused the freedom of Alipay to participate in market competition, nor does it cause damage to the entire competition order. Therefore, " In my opinion, these stores in Wal -Mart are far from governing the market. "
The reporter consulted the antitrust law and found that what kind of operators have a" market dominance "and the antitrust law Article 17 This definition: "The market dominance in this law refers to the market position that operators can control the price, quantity or other trading conditions in the relevant market, or to hinder and affect other operators' market position. "Article 18 stipulates that" determining that the operator has market dominance and shall be based on the following factors: (1) the operator's market share in the relevant market and the competitive status of the relevant market; (2) The capabilities of the raw material procurement market; (3) the financial resources and technical conditions of the operator; 6) Other factors related to the determination of the market dominance of the operator. "Article 19 stipulates:" If one of the following circumstances, you can predetermine that the operator has a market dominance: (1) a market share of an operator in the relevant market. For one -half; (2) the total market share of the two operators in the relevant market reached two -thirds; (3) the total market share of the three operators in the relevant market reached three -quarters. "
In response to this, Liu Junhai said that it is advocated that a company is suspected of abusing the position of market dominance and depends on the real data of its market share. It is necessary to give sufficient evidence and not to assert.
This views have also been recognized by other experts. A antitrust law expert who has long studied the competition of Internet companies told reporters that from the current facts, Wal -Mart interrupted existing cooperative relationship with Alipay, which is a refusal transaction. , Article 17, paragraph 1, paragraph 3, involved in the Antitrust Law, "operators with market dominance have no legitimate reasons and refuse to trade with the counterparty." So Wal -Mart has a market dominance? If so, where is it? For traditional enterprises, it is better to judge that it is a market share. This is related to the marketization, and the marketization is equivalent to the denominator. The larger the marketization, the smaller the market share. Then, what areas of Wal -Mart belong to the market, different classification, the market share calculation results are different. Is it a daily commodity retail, or is it a wider category? Because it is currently defined and data is incomplete, the market share is also uncertain.
The proposal proposed by some netizens, Wal -Mart's behavior also involves the issue of unfair competition law. The expert believes that "the anti -unfair competition law does not specify this, which is not a matter of improper competition."
Is whether Wal -Mart's approach belongs to exclusive transactions, the expert pointed out, "Exclusive transactions are exclusive transactions, except for one party, I will not trade with any party. Wal -Mart said that Alipay is not available, WeChat is OK, but no, but no Remove other mobile payment methods, so you cannot define Wal -Mart's exclusive transactions. "
is the breach of contract that is not clear
So, does Wal -Mart's behavior constitute a breach of contract? Lawyer Qiu Baochang, director of the Professional Committee of Consumer Rights of the Beijing Lawyers Association, believes that enterprises or merchants can choose the way they operate independently, but they cannot violate the contract law and consumer rights protection law. "From a legal analysis, the decision of Wal -Mart may first have a contract. The store and Alipay have established a cooperative relationship before the store in Wal -Mart West, and a contractual relationship is formed between the two parties." Dr. Yue Yepeng, an associate professor of the college, analyzed that the previous cooperative relationship established between Alipay and Wal -Mart must reach a written agreement between the two parties. Is this discontinued Alipay payment? It depends on the specific provisions of the agreement between the two parties. If the two parties clearly agree that the cooperation period is after March 15, 2018, then Wal -Mart's behavior is a breach of contract; if the agreement clarifies the period of cooperation between the two parties will be on March 14, then Wal -Mart will be suspended on March 15th, and there will be no existence of existence of existence. Defense; if the two parties do not clearly agree on the period of cooperation in the agreement, then either party can terminate cooperation at any time.
If belonging to breach of contract, how to investigate the liability for breach of contract? Yue Yepeng said that the contract between Wal -Mart and Alipay has nothing to do with consumers. According to the contract law, only Alipay has the right to ask for accountability.

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Traci
November 24, 2022 at 12:33 pm

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