English version translated by XU Xinyuan (Wayne)

At 2:00 p.m., December 19, 2020, Mr. XU Xinjian, senior partner of Shanghai LANDING Law Offices, was invited to attend the seminar held by China Consumer News. Mr. Xu delivered a speech titled “The supervision of Online Platform and Consumer Rights Protection”.

With the rapid development of the platform economy in recent years, platform economy has become an important force in the transformation and upgrading of China’s economy through its innovation in technology and business models. However, the platform economy also has a “double-edged sword” effect. In recent years, there have been continuous disputes around the issue on “choosing only one out of two” and other aspects, reflecting that part of the platform economy has begun to take advantage of the market dominance to pursue its own interests by adopting an exclusive approach to competition. The monopolistic behavior of the platform economy is a typical unfair competition for merchants and competitors, and for consumers, it seriously harms their legitimate rights and interests such as the right of free choice. Guests present at this seminar are from relevant administrative departments of consumer rights protection and network platform supervision, famous enterprises and platform companies.

As a legal professional, Mr. Xu proposed at the conference that all relevant administrative departments should enforce the anti-monopoly law to prevent platform monopoly that undermine the free competition market order, and at the same time enforce the anti-unfair competition law to prevent unfair competition behaviors and to reduce behaviors infringing on the legitimate interests of consumers. Mr. Xu also gave advice on the legislation, which was historically forward-looking and long-lasting. In particular, platforms should be prohibited from collecting consumers’ bio-information to protect consumers’ privacy by legislation. Special attention should be paid to protect the legal rights and interests of elderly consumers who do not use smart phones. Mr. Xu’s speech was recognized by the guests present.

Mr. XU Xinjian

Senior partner of Shanghai LANDING Law Offices and Director of Department of Intellectual Property

Specialized in IP Laws, Criminal defenses

Email: xinjian.xu@landinglawyer.com