Analysis The Case Of Long Billion Hengyuan Co.V.Beijing Rong Century Co Unfair Competition

Acts of unfair competition has great negative effect on the economic development,fabricating and spreading false facts is a kind of unfair competition,and with the development of economy,the market transaction form was diversified development,unfair competition behavior also has more forms,how to judge the legitimacy for a in the field of emerging market behavior,is the problem we have to face.On the case of Long billion Hengyuan Co.v.Beijing Rong Century Co unfair competition,Beijing Rong Century Co does not have legal rating business qualification case.According to the incomplete information collected,it has released two period rating report,which will be evaluated as C grade and C-grade,and the negative description of the C and C-level description.Long billion company believe that Beijing Rong Century Co acts is unfair competition,ordered it to court.The focus of controversy in this case are three:first,whether the body does not have the qualification of credit evaluation has the right to publish the credit rating report;second,whether the untrue or incomplete information belongs to false facts;third,negative evaluation of the operator of its competitors constitute fabricating and spreading false facts.Concerning the first controversy,freedom si being without prohibiting law under the condition of market economy.When law does not set the qualification of the market,the market body have right to carry out credit rating behavior.About the second controversy,untrue,incomplete information is false facts or not should be combined with the legitimacy of the conduct of judgment.About the third controversy,the operator's negative evaluation behavior of its competitors is not absolutely constitute fabricating,spreading false facts.In addition,the author makes an analysis of the freedom of speech and commercial defamation,and puts forward the method to deal with the classification of freedom of speech,and to apply the method of measuring the interests of commercial freedom of speech.Finally,the author puts forward some thoughts and suggestions on the problems reflected in the case.First,the net loan rating market access to the "approval system" in the form of rating agencies granted qualification.The two is to establish an open,fair and just net loan platform rating criteria.Through these measures to ensure the independence of the net loan platform rating,objectivity and impartiality,the protection of the net loan market healthy competition order.