Ele.me was sentenced to apologize and compensate for the unfair competition dispute

Introduction: Speaking of food delivery platforms, in addition to Meituan, it is Ele.me. And Ele.me was fined 80,000 yuan because of its unfair competition, so how can it maintain fair competition at the source?

In fact, unfair competition has always had a great impact on the market environment, because the development of the market is regular, and the market is in a very prosperous state at the beginning. Take the food delivery platform as an example, when the food delivery platform first started to develop, there were actually various brands, but some of these brands failed in the process of competing for the market and fighting each other, and it could only withdraw from this arena. And some brands have gradually grown, and in this gradual growth process, Meituan and Ele.me have emerged.

Moreover, they also seized the market with each other, using low prices to attract consumers, etc., and only these two brands were left to squeeze this market, so these two brands began to divide the market revenue.

In such a situation, unfair competition has been formed, but the construction of the legal system has just reacted, and it turns out that these two brands have formed a monopoly market situation. At present, these two brands have occupied the marketTherefore, it is necessary to strengthen the building of the rule of law and quickly build up the market order that has not been established well in the past through the formulation of laws。Laws should be put in place to stop the further deterioration of the market.

In fact, the market has been determined, as I said before, at the beginning of the disputes, if a good market order is not established, now there are only two brands left, and the implementation of the rule of law should be strengthened. For example, two brands, Ele.me and Meituan, have been fined for unfair competition many times. Although the amount of the penalty is not high, it is also a kind of warning to them, and this kind of ruling should be gradually strengthened in the future.

If we want to maintain fair competition from the root, we must do our second-hand duty in ordinary times, and then we can do more advertising and publicity, but there is no need to monopolize this industry through some small means.

Corresponding laws and regulations should be enacted, and the relevant departments can set up complaint boxes or conduct spot checks on enterprises, so that fair competition can be maintained at the root.

From the root cause, the behavior of these businesses should be controlled in order to maintain fair competition, otherwise there will be more and more bad practices.

I think there should be regulations and sanctions against these software, so that they can realize their problems and change their behavior.

Meituan and Ele.me are currently the most mainstream takeaway catering service platforms. Each occupies a part of the market share, but there often seems to be some unhappiness between the two, and perhaps they can't escape the conclusion that their peers are enemies. According to relevant reports, the Intermediate People's Court of Huai'an City recently pronounced a judgment on an unfair competition case between Meituan and Ele.me, and ordered Meituan to pay Ele.me 10,000 yuan in compensation.

So what did it look like? Why is there such a verdict? Many people even say that there have been similar judgments before, let's analyze them together.

What happened

According to the relevant litigation documents, the cause of the incident was that Meituan set some conditions, such as raising the rate, unreasonable transaction conditions, etc., which hindered the free choice of merchants, so in the end, many merchants could not be extracted from Meituan and freely chose the partners to cooperate with, which also led to the loss of some potential users and orders for Ele.me. As we all know, the profits of the takeaway platform mainly come from the check-in of merchants, and then take a share from each order, and then rely on the platform's data and traffic and delivery services to realize the transaction between customers and merchants. Meituan's actions are tantamount to hindering the cooperation between merchants and Ele.me, so it violates the relevant provisions of the Anti-Unfair Competition Law and is an infringement case of unfair competition.

What are some similar verdicts?

In fact, earlier, in the Jinhua Intermediate People's Court in Zhejiang, a case of unfair competition between Ele.me and Meituan, Meituan eventually lost the case, because the Meituan platform pushed some information to many cooperative merchants, which included acts of slandering the Ele.me platform, which caused many merchants to no longer choose to cooperate with Ele.me, slandering the reputation of the Ele.me platform, and constituting unfair competition. After the Zhejiang Jinhua Intermediate People's Court found out the reason, it finally ruled that Meituan should pay Ele.me 1 million yuan in compensation.

Personal opinion

Judging from this judgment alone, I personally support the court's determination and punishment measures, after all, Meituan has many illegal acts. In the process of competing for market share, in order to occupy a certain source of customers, it is necessary to improve the quality of service, reduce the cost of delivery, and make it more convenient for everyone to order takeout, which is what consumers expect. Instead of taking some improper behavior, taking deduction or abusing the law through legal means to restrict merchants.

In the end, it will definitely suffer the consequences, and I believe that this time it has also brought a big lesson to Meituan, not only compensating a certain amount, but also causing great damage to its reputation.

Judging from the facts, this is indeed the case, Meituan, as a giant in the field of food delivery, did engage in unfair competition with Ele.me, and it is reasonable to be punished, and compensating Ele.me is mainly a warning to Meituan.

I think this compensation is still too little, and in addition, Meituan is not good at doing this, it is still necessary to maintain fair competition, improve the brand, and don't play these tricks, which is of little significance.

I think this kind of judgment is very reasonable, because after all, it is unfair competition, so it should be punished.

I think this is the right thing to do, and you should be responsible for your actions and compensate for what you did wrong.

It's understandable, and it's a fair and reasonable way to do it.

Unfair competition is now present in many industries, and it is hoped that the state can vigorously rectify these chaotic phenomena and make the entire market economic order clear.

In the market, we must compete reasonably, and we must not do some bad behaviors to affect the market, otherwise we will have to pay the price for our actions.

Hello, when consumers order food on the Ele.me platform, they see an advertisement that says "Ele.me beats Meituan by 5 yuan", but in fact the sales price of the two platforms is the same, which constitutes unfair competition. It is reported that the Nanshan District People's Court of Shenzhen has concluded the case, and the first trial sentence sentenced Ele.me to apologize to Meituan Dianping and compensate for economic losses totaling 50,000 yuan.

It is understood that the catering merchant Pig Powder Family Snack Bar has entered the two platforms of Meituan Takeaway and Ele.me at the same time, and the types of dishes provided are basically the same, and the sales of the same dish are also the same. Ele.me, together with the merchant, launched a coupon on its ordering page called "Ele.me beats Meituan by 5 yuan". In fact, this is only a discount for new users of Ele.me, and new users can get a 20 yuan reduction when paying for purchases.

Meituan Takeaway has also launched a similar preferential policy for new users, and the discount is the same for both parties.

After the trial and investigation, the court held that the coupon provided by Ele.me used "Ele.me beats Meituan 5 yuan" as the product name, and this one-sided finger mask publicity and comparison will cause consumers to misunderstand, so it was determined to be false advertising. Ele.me and Meituan Waiwai are operators of the same kind of competing businesses, and this kind of false advertising will reduce the opportunities for consumers to transact on Meituan Takeaway, causing damage to Meituan's brand and operation. According to Article 9 of the Anti-Unfair Competition Law of the People's Republic of China and other relevant legal provisions, Ele.me's behavior has constituted an act of unfair competition, and it shall bear corresponding legal responsibility in accordance with the law.

In September 2017, the Nanshan District People's Court of Shenzhen ordered Ele.me to immediately cease the infringement, publish a statement on the infringement and keep it for seven days to eliminate the impact, apologize to Meituan Dianping, and compensate Meituan Dianping for economic losses and rights protection costs totaling RMB 50,000.

If more details could be given, more detailed information could be made.

Competition is everywhere and everywhere. In this era of rapid economic development, people's lives are getting better and better, and all areas of public society have recently developed and improved, and the competition is getting bigger and bigger. It is even more difficult to have a new breakthrough that can drive people to start a business and achieve good marketing.

Nowadays, people can eat the world's food with a mobile phone, see the beautiful scenery of the world, and get what they want without leaving home. Although the mobile phone and the various mobile phone software are very powerful. However, when we use these tools, we will be limited to varying degrees.

These restrictions may not seem to be imposed on us, but many times we have no choice but to passively accept them, or you won't be able to use them, and this principle also applies to Meituan and Ele.me food delivery platforms.

Meituan, Ele.me food delivery platform competition

Order something online, takeaway delivery only takes half an hour, and we can eat a beautiful meal. As for the food delivery platform, Meituan is the first to enter people's field of vision, which includes a wide range of services, and is the first to occupy this platform market, which is loved by the vast majority of food delivery people. Ele.me, on the other hand, has sprung up, although it went public later than Meituan, but he has absorbed a large number of customers in the market in an attempt to achieve parity with Meituan.

In the same pursuit of development of the two food delivery platforms, there is a very significant competition.

In order to gain a competitive advantage, Meituan has adopted a series of restrictive measures

If there is competition, we must strive to enhance social competitiveness, so as to achieve rapid development and lead the industry. Only with competition can there be good development, and the society also advocates that the market should have good competitiveness. And this kind of competitiveness should be fair, open and just, and there should be no fraud and shortcuts.

In order to gain a competitive advantage, Meituan restricts stores on this platform to register on other food delivery platforms. This also has some of Alibaba's "either-or" colors. It greatly restricts the development of the market and enhances social competitiveness by improper means.

Meituan paid Ele.me 10,000 yuan

In response to the competition between Meituan and Ele.me, coupled with a series of measures taken by the registered stores of the Meituan team, Meituan needs to pay 352,000 yuan to Ele.me, which has risen to an unrelated height, but is related to the future development of Meituan's business platform. No matter how much or less Meituan pays Ele.me, then its perverse marketing strategy is already well known, so where will its market prospects develop?

Plausible. Meituan's monopolistic market behavior does exist, and it is reasonable to punish it according to regulations.

I think it's reasonable, because after all, this is a violation of the agreement, and the compensation should also be accompanied, and this is also the result of their judgment by the law, so I think it is quite reasonable.

This compensation is reasonable, Meituan always likes to fight, although the ** is very low, but there is no guarantee for the quality of the goods, and the safety and hygiene of the takeaway workshop has become a big problem.

I think it's still very reasonable, because the outside industry is very chaotic now, and this time Meituan lost Ele.me, I think it is also a warning to them, so that they can standardize employment in the future and not cause this kind of bad competition.

I think this should be reasonable, Meituan's unfair competition law does not comply with market rules.

In fact, such a punishment is indeed too light, but it does not mean that it leads to an endless stream of porcelain encounters. Because in the past two years, in fact, with many enterprises, especially some small private enterprises, small stores and so on, there are more and more.

So in order to attract customers and attract certain customers, they always steal the trademarks of some large companies, or usernames to attract the attention of customers.

In fact, the risk of doing so is very large, and in the past two years, there have been some infringement of various trademarks. is always fighting various lawsuits, although the compensation is not very much, but after all, it is still compensated for an economic loss, but in fact, again.

This is indeed very wrong, because of the current laws in our country. There are still some infringements on the trademarks of enterprises, which are very strictly protected, once they are sued to the law.

Not only do you have to face the problem of compensation, but more importantly, in fact, the image of your own store or enterprise will also be damaged, so in the later stage, the impact on customer flow is very large. In particular, there was a golf company that imitated the logo of Didi Dache. was convicted of infringement, and there is a store called Today's Fritters, which also imitates the trademark of today's headlines, colors and the like to attract customer traffic.

Although in the early stage, the business of our store was very good, but after all, it is because of the current situation of such a developed network society. After all, the defendant went to court, although after the verdict, he paid hundreds of thousands or millions, but what. After all, this compensation still failed to prevent the lessons of some subsequent infringement matters and prevent them from happening.

Therefore, whether it is a small business in a store or a big boss of a company, you should have a correct awareness of laws and regulations. Especially in some trademark and logo applications, you must not pirate other people's pictures.