[TechWeb] reported on December 27th, known as the first case of net loan rating, the short financial network v. financial 360 cases, sentencing this afternoon, the Haidian court dismissed all claims short financial network.
the first case of net loan rating unfair competition case: short financial network v. financial 360 Lost
December 27th, Haidian court sentenced the country’s first net loan rating unfair competition case, the court rejected the "short financial network operators Long billion Hengyuan (Beijing) Technology Co. Ltd. (formerly Long billion fortune (Beijing) Investment Company Limited) of all claims Beijing Rong century Information Technology Co. ltd..
Long billion company operating short net net P2P net loan platform, since its inception in May 2014, the rapid growth of the scale of business, which claims to be the industry in the shortest possible time to obtain A round of financing net loan platform.
financial Century Co (Rong 360) is a major financial products to provide vertical search services company, some of the business and the existence of a long cross billion company. The United International College of people’s University from the beginning of 2015 for the P2P net loan platform to carry out rating activities, regularly publish rating report, each report for about 100 P2P net loan platform are divided by A to C.
Long billion company found that short financial network in the two ratings report was named C and C, that financial Century Co caused by the depreciation of the rating, constitute defamation, remove and rating related articles, eliminating the effects of compensation for economic loss of 500 thousand yuan. Century Co believes that their ratings objective, scientific, does not constitute a commercial slander.
through the case, the Haidian court in the following description:
first, in the case of anti unfair competition, the court will not judge the credit rating behavior from the professional and technical point of view, but from the behavior itself to meet the requirements of the elements of commercial defamation judgment. In particular, the determination of commercial defamation, there must be obvious subjective malice. The determination of the malicious plot, there must be a sufficient basis for proof, can not be negative consequences of inference.
second, the current net loan market environment, the relatively objective and scientific evaluation of the net loan rating of the importance of the sound development of the net loan industry. P2P net loan industry in China has developed rapidly, but the development time is short, high risk, some investors professional ability and risk awareness is weak, the specific laws and regulations, normative documents and related regulatory measures have not yet introduced. In order to allow investors to obtain investment information more objective and valuable, supervise the net loan platform full disclosure of information, standardized management, and promote China’s net loan industry healthy competition order, net loan market needs a more tolerant attitude to accept the relevant body to carry out multi dimensions, professional, net loan rating and can basically reflect the objective situation the. (Ma Xiaochao)