Report on violations of laws and regulations of Beijing Jingdong Century Information Technology Co., Ltd. (central policy guidelines, violations, supporting documents of laws and regulation

1. Report on violations of laws and regulations of Beijing
Jingdong Century Information Technology Co., Ltd
Central policy guidelines and instructions
At present, it is not uncommon for Internet platforms to
achieve data monopoly and use their monopoly position to
disrupt the normal market competition order, which requires
vigilance and prevention.
At the fifth session of the 13th National People's
Congress, which opened in Beijing on March 5, 2023, the
government's work report stressed that this year's work
should be carried out in a stable manner. At the same time,
after the "Great Year of Anti-monopoly Supervision" in 2021,
anti-monopoly was once again included in the government work
report, that is, "further promote the implementation of fair
competition policy, anti-monopoly and anti-unfair
competition, and maintain a fair and orderly market
environment", and gave the anti-monopoly work an important
mission to stimulate market vitality and develop endogenous
power in the context of stable growth.
List of illegal and noncompliant behaviors of Beijing Jingdong Century
Information Technology Co., Ltd

2. According to the evidence provided by the video (see annex):
1. Forge the place of production.
2. Suspected of false propaganda and consumer fraud.
3. The joint merchant forges the report of the place of
production and the traceability information of the goods (key
proof information such as official seal and other important
information are missing).
4. Tamper with commodity certificates and important
evidence.
5. JD, as the platform leader, integrates resources
across countries and regions at the strategic level to engage
in unfair competition and build an alliance of illegal
interests. Take the way of separating the command center,
information and intelligence center, logistics network, and
network platform from the manufacturer and the final seller
at the strategic level to avoid the production and operation
risks, especially the legal liability, that is, the
manufacturer and the final seller bear huge legal litigation
risks, while JD, as the platform operator, has achieved low
risk and high return of excess profits.
6. Cooperate with businesses to produce and use fake goods
with a huge difference in value from the real goods to conduct

3. unfair competition, so as to squeeze out competitors at a
lower cost and adopt predatory pricing, thus gaining market
advantage and position.
7. There is a lack of traceability information for some
goods or gifts in the package.
8. It is suspected of joint media, illegal content review,
concealing key evidence and perjury.
9. The establishment of an industry standard and
traceability system that lacks effectiveness and credibility
is reflected in the lack of effective supervision and
restriction management mechanism, effective restriction of
traceability and industry labeling system, and the situation
that the traceability information is not registered and
tampered with according to the actual situation as required.
10. As the platform operator, use the information network
in the platform to collect the criminal and illegal
information of manufacturers and final sellers. Once
stakeholders are involved in legal disputes, JD Intelligence
Command Center will take the collected criminal information
of the manufacturer and the final seller as the related
parties threatening and holding the manufacturer and the
final seller to participate in the fake production chain.

4. (There is no clear evidence of major suspicion - from the
analysis of the risk and income ratio of each participant in
the event, this logical explanation is the most likely)
11. Differential treatment refers to the control of key
information flow related to various ecological subjects, and
the initiative of improper screening of information, such as
commodity evaluation and other important information. Abuse
the platform content review authority, screen user comments
without justifiable reasons, suspected of manipulating the
subjective evaluation information of commodity users,
resulting in cognitive bias of users' evaluation of
commodities, and distortion of subjective value perception
of commodities,
Disturb the market value evaluation system.
12. It is suspected of disclosing the user's personal privacy
to the relevant enterprises and units involved in the
complaint, such as the user's personal recording.
To sum up, JD.com has seriously affected the equal
interaction between various ecological entities within the
platform, resulting in a market competition pattern that is
biased towards the monopoly pattern of JD.com's proprietary
and nepotism entities, triggering capital infiltration and

5. disorderly expansion at all levels of society, and forming a
huge interest group monopoly.
Anti-monopoly Guidelines of the Anti-monopoly
Commission
of the
State Council in the field of platform economy (GJMF [2021]
No. 1)
(issued
by the
Anti-monopoly Commission
of the
State Council
on
February 7, 2021)
Beijing Jingdong Century Information Technology Co., Ltd. is
mainly involved in the violation of the anti-monopoly law of
the platform economy as follows:
Chapter I General Provisions
Article 3 Basic principles
Anti-monopoly law enforcement agencies should adhere to
the following principles when conducting anti-monopoly

6. supervision in the field of platform economy:
（1） Protect fair competition in the market. Adhere to
the principle of treating market subjects equally and equally,
focus on preventing and stopping monopoly behavior, improve
the legal norms for the identification of monopoly of
platform enterprises, protect fair competition in the field
of platform economy, prevent disorderly expansion of capital,
support the innovative development of platform enterprises,
and enhance international competitiveness. (Articles 1, 2, 3,
4, 5, 6, 7, 8, 9, 10 and 11 of major relevant violations and
non-compliance)
（3） Stimulate innovation and creativity. Create an
orderly, open and inclusive development environment for
competition, reduce barriers to market entry, guide and
encourage platform operators to use more resources for
technological innovation, quality improvement, service
improvement and model innovation, prevent and stop the
elimination and restriction of competitive behaviors,
inhibit the innovative development and economic vitality of
the platform economy, effectively stimulate the creative
power of innovation in the whole society, and build new
advantages and new drivers of economic and social development.

7. (Articles 5, 6, 7, 8, 9, 10 and 11 of major relevant violations
and non-compliance)
（4） Safeguard the legitimate interests of all parties.
The development of platform economy involves multiple
subjects. While protecting fair competition in the field of
platform economy, giving full play to the platform economy
to promote the optimization of resource allocation,
technological progress and efficiency improvement, the anti-
monopoly supervision focuses on safeguarding the legitimate
rights and interests of operators, consumers and
practitioners in the platform, and strengthens the overall
coordination of the anti-monopoly law enforcement and
industry supervision, so that the whole society can share
the achievements of the platform's technological progress
and economic development, Realize the harmonious symbiosis
and healthy development of the platform economy as a whole.
(Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of major relevant
violations and non-compliance)
Chapter II Monopoly Agreement
Article 6 Horizontal monopoly agreement
Operators in the field of platform economy with
competitive relationship may reach horizontal monopoly

8. agreements such as fixed price, market segmentation,
restriction of production (sales), restriction of new
technology (products), and boycott transactions through the
following ways (articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
and 12):
（1） Use the platform to collect and exchange price,
sales volume, cost, customer and other sensitive information;
（2） Use technical means to communicate ideas;
（3） Use data, algorithms, platform rules, etc. to
achieve coordinated and consistent behavior;
（4） Other ways to achieve synergy.
The price mentioned in this guide includes but is not
limited to the commodity price and the commission, handling
fee, membership fee, promotion fee and other service charges
charged by the operator.
Article 8 Axis and spoke agreement
The operators in the platform with competitive
relationship may reach the hub and spoke agreement with the
effect of horizontal monopoly agreement by virtue of the
vertical relationship with the platform operators, or by the
organization and coordination of the platform operators. To
analyze whether the agreement belongs to the monopoly

9. agreement regulated by Articles 13 and 14 of the Anti-
monopoly Law, we can consider whether the operators in the
platform with competitive relationship reach and implement
the monopoly agreement by means of technical means, platform
rules, data and algorithms to exclude and restrict relevant
market competition. (Articles 3, 5, 6, 8, 10 and 12 of major
relevant violations and non-compliance)
Chapter III Abuse of market dominance
Article 12 Unfair price behavior
Operators in the platform economy with a dominant market
position may abuse their dominant market position to sell
goods at an unfair high price or buy goods at an unfair low
price. The following factors can be considered when analyzing
whether it constitutes an unfair price behavior: (Articles 6
and 11 of the main related violations and non-compliance)
（1） Whether the price is significantly higher or lower
than the price of the same or comparable goods of other
similar business operators under the same or similar market
conditions;
（2） Whether the price is significantly higher or lower
than the price of the same or comparable goods of the
operators in the economic field of the platform under other

10. same or similar market conditions;
（3） Under the condition that the cost is basically
stable, whether the operators in the economic field of the
platform increase the sales price or reduce the purchase
price by more than the normal range;
（4） Whether the increase in the price of goods sold by
operators in the economic field of the platform is
significantly higher than the increase in the cost, or
whether the decrease in the price of purchased goods is
significantly lower than the decrease in the cost.
If the market conditions are the same or similar, factors
such as platform type, business model, transaction links,
cost structure, and transaction details can be considered.
Article 17 Differential treatment
Operators in the platform economy with a dominant market
position may abuse their dominant market position and apply
differential treatment to trading counterparts with the same
trading conditions without justifiable reasons to eliminate
and restrict market competition. The following factors can
be considered when analyzing whether it constitutes
differential treatment:
（ 1） Based on big data and algorithms, implement

11. differential transaction prices or other transaction
conditions according to the payment ability, consumption
preferences, usage habits, etc. of the counterparty;
（2） Implement different standards, rules and algorithms;
（ 3 ） Implement differential payment terms and
transaction methods.
The same conditions mean that there are no differences
between the trading counterparts that materially affect the
transaction in terms of transaction security, transaction
costs, credit status, transaction links, and transaction
duration. The differences in the privacy information,
transaction history, individual preferences, consumption
habits and other aspects of the transaction counterpart
obtained by the platform in the transaction will not affect
the recognition of the same conditions of the transaction
counterpart.
Operators in the field of platform economy may have the
following legitimate reasons for implementing differential
treatment:
（1） Implement different trading conditions according
to the actual needs of the trading counterpart and in
accordance with proper trading habits and industry practices;

12. （2） Preferential activities for new users within a
reasonable period of time;
（3） Random transaction based on fair, reasonable and
non-discriminatory rules of the platform;
（4） Other reasons that can prove the legitimacy of the
act.
Beijing Jingdong Century Information Technology Co., Ltd. is
mainly involved in other regulations violated:
Article 19 of the Law on the Protection of Consumer Rights
and Interests shall provide consumers with true information
about commodities or services and shall not make misleading
false propaganda.
A business operator shall give a true and clear answer
to the questions raised by consumers about the quality and
use of the goods or services it provides. Retailers shall
clearly mark prices on the commodities provided by them.
Article 4 of the Measures for the Punishment of Fraudulent
Consumer Acts: An operator who, in providing goods to
consumers, has one of the following circumstances, and cannot
prove that it is not cheating or misleading consumers to
commit such acts, shall bear the legal responsibility for
fraudulent consumer acts:

13. （1） Selling invalid or deteriorated commodities;
（2） Selling goods that infringe upon the registered
trademark rights of others;
（3） Selling commodities that forge the origin, forge
or falsely use the enterprise name or name of others;
（4） Selling commodities that are forged or falsely used
by others with their unique names, packages and decorations;
（5） Selling commodities with forged or falsely used
quality marks such as certification marks, famous and
excellent marks.
Article 53 of the Product Quality Law shall order those who
forge the origin of products, forge or falsely use the name
and address of another manufacturer, forge or falsely use
quality marks such as certification marks, to make
corrections, confiscate the products illegally produced and
sold, and impose a fine of less than the value of the products
illegally produced and sold; If there is any illegal income,
the illegal income shall also be confiscated; If the
circumstances are serious, the business license shall be
revoked.
Article 49 of the Law on the Protection of the Rights
and Interests of Consumers, if a business operator commits

14. fraud in providing goods or services, it shall increase the
compensation for the losses it has suffered according to the
requirements of the consumer, and the amount of the increased
compensation shall be twice the price of the consumer's
purchase of goods or the cost of receiving services.
Falsifying evidence is suspected of perjury. The
sentencing includes:
(1) Whoever intentionally makes false proofs, appraisals,
records or translations with the intention of framing others
or concealing criminal evidence shall be sentenced to fixed-
term imprisonment of not more than three years or criminal
detention;
(2) If the circumstances are serious, he shall be
sentenced to fixed-term imprisonment of not less than three
years but not more than seven years.
What are the constitutive requirements of the crime of
perjury
1. Object elements. The object infringed by the crime of
perjury is the personal rights of citizens and the normal
activities of judicial organs, which is a complex object;
2. Objective elements. In the objective aspect, the crime
of perjury is manifested as the act of making false proof,

15. identification, recording, translation or concealing
criminal evidence in the criminal investigation, prosecution
and trial for the circumstances that are important to the
case;
3. Main elements. The subject of the crime of perjury is
a special subject, that is, it can only be witnesses, experts,
recorders and translators in criminal proceedings;
4. Subjective elements. The crime of perjury must come
from direct intention in the subjective aspect, that is, the
perpetrator knowingly knows that his false statement is the
plot that has an important relationship with the case, but
does it for the purpose of framing others or concealing
criminal evidence.
enclosure:
Link to the original content of the video:
https://zhuanlan.zhihu.com/p/611596835?utm_campaign=shareopn&utm_medium=social&
utm_oi=771123795820834816&utm_psn=1616268723391848448&utm_source=wechat_ses
sion&utm_id=0
Video link:
Baidu Cloud Disk
Link: https://pan.baidu.com/s/15xwaGRa24ZHtwKlkvPA-ZQ Extraction code:
k6uj
Microsoft Cloud Disk

16. https://1drv.ms/v/s ! AgRztpu0qTTEjTt49W2ytEcf6d2I? e=Ugdq48
Dropbox cloud disk link
https://www.dropbox.com/s/ogmc6hw3elbmq3t/TG-2023-03-07-053647634.mp4?dl=0