[reproduced] the people’s insurance company of China ShaoWuShi enterprise refuses to industrial and
the plaintiff, the people’s insurance company of China ShaoWuShi enterprise.
chief: ChenQian, manager.
the defendant: fujian nanping administration for industry and commerce legal representative: WangChangBao, chief.
ShaoWuShi branch of the people’s insurance company of China (hereinafter referred to as ShaoWuShi enterprise) from 1999/1/began, in CheSun accident claims, designated by CheSun glass and glass enterprise wide shaowu car replacement, and appoint nanping wu3 da4 cars from maintenance services Co., LTD purchases fuyao glass, unified use fuyao glass. ShaoWuShi enterprise also from started in April 1999, in CheSun accident claims, in addition to other outside CheSun glass CheSun main parts, designated use light auto parts trade company shaowu sales of accessories. 12 December 1999 nanping administration for industry and commerce to make “about the people’s insurance company of China ShaoWuShi sticks in CheSun Richard Outdoor First Aid compensate of force others to buy the goods of the operators designated decisions of punishment”, that ShaoWuShi enterprise a violation of the anti-unfair competition law, the provisions of article 6, the unfair competition, according to the provisions of article 23 of the law, shall be ordered to stop the illegal act ShaoWuShi branch, and its fined up to 150000 yuan. ShaoWuShi enterprise refuses the punishment decision, the paper suit yenping district people’s court.
the original tell says: the plaintiff is not public enterprise, also do not belong to operators having monopolistic status according to law, not the anti-unfair competition law provisions of article 6 of the main body, the plaintiff shall not apply to the punishment “, the insurance industry has authority to carry out supervision and management of the office is China insurance regulatory commission and the state’s financial management department, that is, the people’s bank of China, the accused does not have to insurance to implement administrative hachette livre law enforcement subject qualification. The accused him the facts according to the insufficient. The plaintiff in the objective aspects of the implementation and no designated or force others to use fuyao glass enterprise products; And the plaintiff advice others use shaowu light auto parts trade company sales of accessories, is to improve the work efficiency, and ensure the smooth implementation of the work of claims, there is no “exclude other operators from competing fairly.” Therefore, the defendant decisions of punishment subject not legal, a fact that the evidence is insufficient, request the punishment decision to cancel the decision.
the defendant argues that: the state administration of industry and commerce industry and commerce and word (1999) no. 176 on the mediator property insurance Co., LTD, ningxia branch in glass broken loss claims specified in the use of fuyao glass is a unfair competition problems from “has clearly insurance company belongs to the monopoly position of the business operator. In addition to the China insurance regulatory commission and the state’s financial management department outside, insurance company also must be subject to the other relevant departments of the administrative enforcement of supervision and management. The plaintiff implement the unfair competition, our according to “anti-unfair competition law” regulation, have the right to the implement administrative penalty. Our investigation of evidence of the testimony of witnesses and insurance company documents evidence, proof enough insurance company within the system has been limited use of fuyao glass files notice, and ShaoWuShi enterprise also implemented a blackout fuyao glass of behavior, return force others to use its designated auto parts supplier of car parts. Therefore, our of the plaintiff make decisions of punishment was the right decision, request decision to maintain.
“trial”
yenping district people’s court after hearing that: (1) “insurance law of the People’s Republic stipulated in article 5:” run commercial insurance business, must be established in accordance with this law, insurance company other unit or individual person shall not be engaged in commercial insurance business.” According to the regulation, the plaintiff conforms to the anti-unfair competition law article 6 of the specified “operators having monopolistic status according to law” the main body. (2) the anti-unfair competition law prescribed in paragraph 2, article 3: “the people’s government at or above the county level administrative department for industry and commerce shall supervise unfair competition, the law, administrative regulations by other supervision and inspection departments in accordance with the provisions of the”. The administrative department for industry and commerce is the law explicitly anti-unfair competition law enforcement departments, and “insurance law” the provisions of article 8: “financial supervision and administration department under the state council in accordance with this law is responsible for supervision and administration of the insurance industry.” Refers to the department in charge of industry of the implementation of the industry management, their regulatory content in “insurance law” in all have specific provision. As for the insurance company of the implementation of the “insurance law” the regulation of the insurance industry in violation of other laws outside the behavior, and shall be subject to the provisions of the law enforcement departments of other laws of management. The case of the implementation of the scope of the plaintiff is not the behavior of the insurance industry. So, the plaintiff think their regulatory body for the people’s bank of China, the defendant shall not be entitled to the penalty for reasons not established. (3) the plaintiff in CheSun glass claims, designated by shaowu ever automobile glass enterprise wide replacement, and appoint nanping wu3 da4 cars use repair service Co., LTD. Sales of fuyao glass, although unified fixed-point installation fuyao glass is the parent company of the documents required, but foreign behavior subject is the plaintiff, produced by the external responsibility should still by the plaintiff to assume. The plaintiff in other parts of CheSun main claim, designated use shaowu light fittings trade company sales of accessories behavior, is also a breach of its superior in the settlement of the company is made of the provisions of the operation procedures. So the plaintiff’s behavior to the anti-unfair competition law prohibited by article 6 of the unfair competition, namely “public utility enterprises or other operators having monopolistic status according to law shall not force others to buy the goods of the operators designated by them so as to exclude other operators from competing fairly.” The plaintiff think that their behavior is only recommend, advice and not limit, this with the facts. (4) the accused by a case in accordance with the ShaoWuShi industrial and commercial bureau, although not in the survey shows that the person to be investigated by the weaknesses of the relationship, but the inside of the principal-agent relationship is established according to law. The defendant in the decision on punishment made before the hearing to perform their program. In conclusion, the defendant in accordance with the legal subject, determine the facts are clear, evidence fully, apply the law correctly, in line with the legal procedures. According to the law of the People’s Republic anti-unfair competition law paragraph 2 of article 3, article 6, article 23, in accordance with the law of the People’s Republic of China on administrative procedure law article 54 (a) of regulation, the 2000/3/20 to make a judgment as follows:
maintain the defendant 1999/12/12 make south industry and commerce and word (1999) 246 “about the people’s insurance company of China ShaoWuShi branch in CheSun claims of force others to buy the goods of the operators designated decisions of punishment”.
of the fees for accepting the case of RMB 4510 yuan by the plaintiff burden.
first sentence, the plaintiff ShaoWuShi enterprise defy, appeal to fujian nanping intermediate people’s court. During the second trial, the plaintiff an appeal to withdraw. The second instance court think the appellant withdraw appeal, compliance with the law, administrative ruling in 2000/7/20 as follows:
allowed that the people’s insurance company of China ShaoWuShi enterprise withdraw the appeal, the parties according to the ruling execution.
“comments”
the case at issue is both sides a main qualifications that, the second is the plaintiff implement the identification of nature of behavior. These two points for the insurance company main body is different from the public enterprise characteristics and insurance operation and the particularity of the more difficult to affirm.
an, about the both sides of the main qualifications the anti-unfair competition law article 6: “public utility enterprises or other operators having monopolistic status according to law shall not force others to buy the goods of the operators designated by them so as to exclude other operators from competing fairly.” It is “public enterprise” is easy to define. 1993/12/9 the state administration for industry and commerce to no. 20 “about banned public enterprise restrict competition behavior of the several provisions of article 2, says the public enterprise” refers to the involved utility operators, including water supply, power supply, heat supply, gas, postal services, telecommunications, transportation and the operators of the industry.” This “several sets” to “other operators having monopolistic status according to law” is no specific examples. The insu
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