JD.com released the results of its “choose one” case against Alibaba. According to information disclosed by JD.com, the Beijing Higher People's Court made a judgment and found that it abused its market dominance to implement "choose-one" monopoly behavior, causing serious damage to JD.com, and ordered it to compensate JD.com 1 billion yuan.
JD.com issued a statement (full text attached) stating that in the past few years, JD.com has suffered tens of billions of yuan in economic losses due to its "choose one" monopoly behavior. After the verdict was announced, the verdict was well-founded, justified, and compatible with circumstances. It was not only a fair ruling for JD.com to resist the "choose-or" monopoly behavior, but also a landmark moment in maintaining the order of fair competition in the market under the rule of law. It will also be a highlight in the process of China's anti-monopoly rule of law.
According to public reports, in 2013, JD.com publicly stated that merchants were forced to "choose one of the two" by Alibaba. In 2015, JD.com reported Alibaba to the State Administration for Industry and Commerce due to widespread dissatisfaction among merchants due to its “choose one from two” policy. In 2017, JD.com formally filed a lawsuit against Alibaba in the Beijing Higher People's Court for "choosing one of the two"; in 2019, the Supreme People's Court made a final ruling rejecting Alibaba's request for "jurisdictional objection" and determined that the Beijing Higher People's Court had jurisdiction over the case until the first-instance judgment this year. In addition, on April 10, 2021, Alibaba was administratively fined 18.228 billion yuan by the State Administration for Market Regulation for "choosing one of the two", setting a historical record. At that time, the People's Daily commented that "the regulatory authorities' punishment of Alibaba Group is a normative correction for corporate development, a cleanup and purification of the industry environment, and a powerful maintenance of the market order of fair competition."
Attachment: Statement on the victory in the first instance of JD.com’s “Choose One” case against Alibaba
On December 29, the Beijing Higher People's Court issued a first-instance judgment in the "choose-one" case between JD.com and Zhejiang Tmall Network Co., Ltd., Zhejiang Tmall Technology Co., Ltd., and Alibaba Group Holdings Co., Ltd., finding that it abused its market dominance to implement "choose-one" monopoly behavior, causing serious damage to JD.com, and ordered to compensate JD.com 1 billion yuan. We thank the court for its fair decision! Thank you to all sectors of society for supporting JD.com in safeguarding its own rights and pursuing fairness and justice!
This judgment is not only a fair ruling for JD.com to resist the "choose-one" monopoly behavior, but also a landmark moment for the rule of law to maintain the order of fair competition in the market. It will also be a highlight in the process of China's anti-monopoly rule of law.
Fair competition is the core of the market economy. Monopolistic behaviors such as "choose one from two" not only restrict market competition and damage the legitimate rights and interests of brands, merchants and consumers, but also weaken the innovation and vitality of market development. From the lawsuit initiated by JD.com in 2017 to resist the "choose one" monopoly, to the unspoken industry rules of "super anchor price monopoly" in JD.com's procurement and sales in 2023, JD.com has always sought development for brands and merchants and strived for low prices for consumers. This judgment has greatly encouraged JD.com to always adhere to the business belief of integrity and success. We will devote ourselves with stronger confidence to assist the high-quality development of the real economy.
JD Group
December 29, 2023