Chapter 1012: Chapter 327: Personal Cases Prove Nothing_3
“If Qiangsheng Company truly had control over the resale prices of its distributors, then we shouldn’t be seeing situations like this.”
Judgnt Chief Shen Jiacheng imdiately turned his attention to Old Tang; fortunately, this case was transferred over—it must be said, this one is truly fascinating.
Tong Yunyu struggled to make sense of the situation, faintly realizing that the opposing side’s argunt seed logical.
If they had monopolized the market, shouldn’t these shops all be selling at prices higher than that?
Mr. Liu also found the situation amusing, because whether a minimum price had been set or not was sothing he knew very well—those car invoices had their own stories.
The simplest differentiation: anyone who’s ever bought a car would know that buying outright with cash and using a loan are entirely different concepts.
All major dealerships almost always persuade buyers to opt for loans because the price becos negotiable. But if you’re paying with cash—good luck trying to shave off even fifty bucks.
He’d finally witnessed the nonsensical talents of these so-called legal professionals. While looking at Old Tang, curiosity stirred within him; what coback would the other side deploy next?
Old Tang chuckled and said: “The Supre Court’s judicial interpretation of applying the ‘Civil Procedure Law,’ Article 114, stipulates:”
“Docunts issued by governnt agencies or organizations empowered by law with social administrative functions are presud accurate within their scope of jurisdiction, unless contrary evidence sufficient to overturn them exists. Courts may, if necessary, request the issuing body to explain the docunt’s authenticity.”
“Our side has already submitted proof derived from the administrative penalty, and during the issuance of said penalty, Qiangsheng Company neither filed for reconsideration nor judicial review, nor requested hearings. The penalty thus ca directly into effect.”
“With Qiangsheng Company now presenting various evidence to overturn this penalty, I hereby apply for the court to summon Modu City’s Bureau of Pricing to testify in explanation.”
What? The legal director’s face imdiately turned ashen upon hearing this statent.
Although this penalty was issued under the na of the Bureau of Pricing, when targeting such a joint venture backed by major state-owned enterprises and imposing hefty fines, higher authorization would have been absolutely necessary.
Now Old Tang was essentially stating: “Look, you’ve been arguing that the alleged monopolistic actions never actually took place, claiming you had no control over distributors. Fine! Let’s bring in the penalty issuer, and you can confront them directly.”
“Right? Your dissatisfaction with the penalty is evident between the lines, so why not face them head-on? Go for it, I’m rooting for you!”
Mr. Liu’s expression turned utterly baffled—this approach seed almost cruel!
Shen Jiacheng’s eyes brightened as he turned toward Qiangsheng Company’s camp, asking: “What’s the defendant’s opinion? Should Modu City’s Bureau of Pricing appear in court for clarification?”
The legal director hurriedly responded: “No, no, Judgnt Chief, I think the plaintiff’s advocate is resorting to misdirection. First, I have neither denied the existence of a monopolistic agreent nor attempted to overturn the penalty.”
“My stance is that the standards for administrative penalties differ from those in civil suits. Whether they were fully implented serves as a reference in administrative contexts but constitutes a decisive factor in civil litigation.”
Old Tang imdiately spoke up: “Judgnt Chief, I request permission to question the defendant.”
Shen Jiacheng nodded promptly: “Permission granted.”
Old Tang turned to the legal director: “First, I’d like to ask the defendant’s advocate: What legal basis did Modu City’s Bureau of Pricing rely on for issuing this administrative penalty?”
The legal director hesitated briefly before responding: “The basis… The basis is relevant laws.”
Old Tang continued: “Relevant laws? Allow to answer for you—the basis is the ‘Anti-Monopoly Law.’ Any objections to that?”
The legal director could only nod in agreent: “No objections.”
The penalty was undoubtedly based on the Anti-Monopoly Law—nobody would dare contest this fact.
“Alright then, let ask again: What legal basis does the People’s Court rely on for determining monopolistic behavior in related civil litigation?”
The legal director had no choice but to answer: “The Anti-Monopoly Law.”
“Excellent. If both administrative and judicial bodies rely on the Anti-Monopoly Law to ascertain monopolistic behavior, then why would there be differing standards?”
Seeing the legal director unable to respond, Old Tang turned to the middle: “Judgnt Chief, I argue that the defendant’s claim regarding differences between administrative and civil standards lacks legal foundation.”
If everyone is basing their decisions on a single law, then on what grounds can you claim that full implentation is rely a reference factor?
“I maintain the plaintiff’s advocate is deliberately misrepresenting concepts. According to the penalty decision’s Section…, it clearly shows within the determined penalties that whether full implentation occurred is indeed only a reference factor.”
Upon hearing this, Old Tang once again let out a faint chuckle: “In that case, I request the Bureau of Pricing to appear in court and provide clarification.”
The legal director: “I *%&#@!!!”
Is that all you know how to say?
Old Tang remained unfazed: Let them—the penalty issuer—explain everything. Why rely on guesswork when we can have the individuals responsible shed light directly?
It’s like those literature questions asking what emotions the author conveyed—speculation is pointless; better just ask the author to clarify.
anwhile, Old Tang’s argunts continued:
“From my perspective, the penalty decision established a monopolistic lowest price of ¥386,700, which coincidentally matches the bare vehicle price of the car my client purchased.”
“Thus, this is sufficient evidence that the monopolistic act directly hard my client…”
This was the complete thought process Old Tang envisioned, a logical frawork adaptable to countless other cases.
The first step was to authenticate the penalty decision, rendering proof of monopolistic behavior between the parties unnecessary. Should further evidence be demanded, no problem—call on the Bureau of Pricing to testify.
Reviews
All reviews (0)