Chapter 985: Chapter 318: Tang Fangjing, Are You Rejecting the Respect I Offer?_3
The folks at the Criminal Court are blatantly flaunting a typical case, and Old Zhou feels like he can barely hold back anymore!
He really couldn’t help but think about transferring to the Criminal Court!
Luckily, he held back, because the Civil Court’s presiding judge didn’t want him to transfer. There are just too many civil disputes right now, and a good worker like Old Zhou simply can’t be let go so easily.
Another day passed, and Wang Qingqing pushed the door open and placed a pile of materials in front of Old Tang.
“Brother Tang, Miss Tong just ca over and brought everything you asked for. Take a look, is anything missing?”
Old Tang sat up from his reclining chair and carefully looked at the items. These were all left over from the car purchase, and the most important items were actually the contract, the invoice, and the paynt vouchers.
With these, it was enough.
“It’s basically fine; you can ask her to go back for now,” Old Tang said offhand.
Wang Qingqing nodded and added, “Miss Tong also paid the lawyer fees, all according to the standard rate.”
Old Tang, engrossed in studying the evidence, heard this and laughed, “Good, she’s conscientious.”
Then it’s ti to prepare the lawsuit!
How to establish the link between monopoly behavior and damage compensation is sothing many people don’t understand after much consideration.
The legal basis is Article 60 of the “Anti-Monopoly Law”: Operators who implent monopolistic behaviors and cause losses to others shall bear civil liability according to the law.
First, we need to prove the existence of a monopolistic behavior between the two companies, which is easy to demonstrate. A court investigation can be requested directly, or an Investigation Order can be sent to the Modu Price Bureau to request the penalty decision.
If necessary, we can even ask the price bureau staff who made the penalty decision at the ti to testify in court.
However, the penalty decision at that ti targeted the vertical monopoly agreent between manufacturers and Handong Province dealers, so it’s also necessary to prove that Xinda Car Sales Company is one of the dealers of the Modu manufacturer.
This is also easy to handle; just investigate the contracts between both parties. It’s guaranteed to exist, but we need this for the evidence chain.
After proving the existence of a monopoly agreent between the two parties, based on the Anti-Monopoly Law and the Civil Code provisions on tort liability, we must prove that this monopolistic behavior has caused damage to the party involved.
The price of the car at the ti of purchase was three hundred eighty-six thousand seven hundred yuan.
So how do we calculate damage compensation? The answer lies in the retail price suggestion given by the manufacturer after the penalty.
Needless to say, this recomnded retail price is certainly going to be lower than the price at the ti of the car purchase.
This is also the most troubleso part of evidence gathering, but thankfully, it’s the internet era. For any car model, the manufacturer’s guide price or retail price at any given ti is recorded online.
If that fails, then we have to request a court retrieval, as there will definitely be internal records of these details.
With this, the evidence chain is basically complete, proving the presence of minimum price fixing monopoly behavior between the two companies, eliminating competition by this minimum price.
This is not the true competitive price.
Only after the price bureau’s penalty is released, that price becos the real competitive price.
So logically, this ans that I could have bought this car at that price, but because of the existence of your vertical monopoly agreent, I had to pay a higher price for this car.
Theoretically, the difference in price is the damage caused by your monopolistic behavior to .
Of course, this is just in theory; in practice, you still have to consider that many car models decrease in price over ti after being launched.
But this kind of issue can be left to the court to deliberate slowly.
After having all his thoughts listed on the panel, Old Tang thought about it and added more content.
“Also, reasonable expenses…”
Yes, this is another situation where the other party can be made to bear the lawyer fees!
According to Judicial Interpretation of the Anti-Monopoly Law Article 14 Paragraph 2: Based on the plaintiff’s request, the People’s Court can include the reasonable expenses paid by the plaintiff for investigating and stopping monopolistic behaviors within the scope of damage compensation.
Alright, then let’s get started!
A few days quietly passed, and at the 4S shop, Director Liu was extrely upset.
“No movent yet, huh? Fine, Tang Fangjing thinks he’s mighty, treating us like a pushover; well, let him be, don’t pay the money from that judgnt, let them apply for enforcent!”
“What a joke, he acts too proud, does he really think he can pull a fast one with this case?” Director Liu grumbled angrily.
To be safe, he even specially consulted with a top-tier lawyer from the capital, who, driven by the money, also carefully reviewed and told him that it was impossible for the other party to do anything.
So Director Liu felt very confident, everybody is afraid of Tang Fangjing, but not him!
Director Fang spoke up beside him: “Director Liu, that’s true, but we still have to be cautious. That Tang Fangjing might post about this situation online, and then we could end up in a passive position.”
Director Liu nodded: “I nearly forgot that guy is an internet celebrity. Let’s do this, have soone post the story online first, yeah, say that Tengda’s lawyers are bullying people using their power!”
“Don’t ntion Tang Fangjing by na, but the sentint should co across!”
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