Chapter 239
Chapter 239
September 6
Four o'clock in the afternoon.
Tangshan Songshang Company.
At this time, several senior executives of the company were having a meeting in the chairman's office. The participants were all senior executives from the island country, namely Du Ping, the chairman, Mr. Hamamoto, the vice chairman, Misen, the general manager, Masao Kosaka, the technical director, and Masakazu Fukuda, the sales director. people.
"Since Xinghai Group launched the second-warranty welding machine, the sales of our 350 and 500 welding machines have been very unsatisfactory. In the last month, the sales performance has not reached 50% of the same period last year. The OTC has less impact, but it has also declined. to 70% of the same period." Du Ping, chairman of the board, said with a serious face, his cheeks piled into a typical "eight" shape,
"The most frightening thing is that it continues to decline every month. According to the investigation news I received, Xinghai Group's current orders are very hot and cannot be shipped, mainly due to insufficient production capacity.
They have already established new factories in Rongcheng and Dwan. When their production capacity comes up, I estimate that our sales performance will drop sharply, and it is not bad to have three achievements.
Ladies and gentlemen, Matsushita has come to a critical moment, we must come up with a solution! "
As soon as he finished speaking, everyone in the conference room fell silent, and the air was filled with a feeling of oppression, as if it was suffocating.
They planned to acquire Xinghai Group's second-warranty welding machine business and technology, but the other party did not agree;
Let the other party raise the price, and the other party is not happy!
What does Xinghai Group think?
I just want to drive them to the Huaguo market!
This is knocking to death!
A price cut will not change the current situation.
The general manager Mison was stared at by the chairman, took a deep breath, and analyzed: "
After our calculations, the production cost of Xinghai Group's 500US1 should be between 3,000 and 4,000 yuan. The comprehensive cost including scientific research fees may have reached 7,000 yuan, or even more than 8,000 yuan. Adding taxes, it has reached about 10,000 yuan.
However, their market price is 14,000 yuan, and a dealer agency has been opened at the beginning of this month, and the ex-factory price is only 10,000 yuan. I think Xinghai Group has violated the "Anti-Price Monopoly Law". "
Du Ping frowned when he heard this, and directly criticized him: "In a lawsuit in China, you must pay attention to evidence. Do you have evidence? You just open your mouth and say that someone violated the "Anti-Price Monopoly Law." Also, the production costs you calculated Is it accurate, their research and development cycle is very short, and the research and development costs cannot be so high."
Misen and others estimated that the error was slightly larger. They did not know the advanced level of Xinghai Group's equipment, and the cost was well controlled.
In fact, the production cost of Xinghai Group's 500US1 is about 2,300 to 400 yuan, the overall cost is only about 3,000 yuan, and the overall cost of 500US2 is only 3,800 yuan. Of course, this does not include research and development costs.
Vice Chairman Hamamoto thought for a while, and said: "Chairman, what Mison said may be wrong, Xinghai Group may not have reached the point of the "Anti-Price Monopoly Law", but we can sue the other party to make Huaguo officials put pressure on Xinghai The group also makes the Xinghai Group have some scruples. If we can increase the price of the other party, our market will be much better.
However, it is unlikely that Matsushang Erbao Welding Machine will return to its original market position.
To be honest, we have already analyzed the Xinghai Group's second-guarantee welding machine, and it is indeed superior to ours. We have to admit that the enemy is powerful, and we must clearly understand this point. "
"Well, if it's not impossible to sue, collect and sort out the evidence, or deal with it technically." Du Ping's face was a little better, and the method was relatively stupid, but there was really no better way.
"Yes, this is the only way to go at present. The chairman's method is very good." Others who really couldn't think of a way said to the chairman that the method was very shrewd.
However, Du Ping was not overjoyed by his subordinates, but had a serious expression on his face.
They dare not use other dark means.
Once it is used, their Tangshan Songshang Company will not be able to gain a foothold in China, and it will also affect other business divisions of Songshang and ruin Songshang's reputation.
At that time, he will be cast aside by the people of the country, he will have no foothold in the country, and he will be infamous for thousands of years.
If this war is really lost, they can only give up the Huaguo market.
Tangshan Songshang is just one of dozens of business divisions. Over the years, he has earned enough, and he can't afford to lose.
It's just that he was a little unwilling.
After the meeting ended, Du Ping returned to his office, stood by the window, and watched the sunset in the west. Could it be that Tangshan Songshang ended like this?
***********
After more than ten days,
September 15th
Xinghai Group.
With a heavy face, Jiang Jun knocked on the boss's office door and walked in after hearing "Come in".
"Chairman, we were jointly sued by OTC and Tangshan Songshang Company." After Jiang Jun finished speaking, he handed over the complaint to the boss, and at the same time, he was observing the boss's reaction, whether he would lose his temper.
However, seeing the calm face of the boss, he just frowned and didn't panic too much.
Mu Yang took the complaint and read it while drinking tea. Instead of getting angry, the corner of his mouth curled into a smile, which made Jiang Jun confused about the situation.
After reading it, he told Jiang Jun, "Call lawyers Luo Xiang and Zheng Li over here. Lawyer Luo may not be in the company, so ask first."
"OK!"
A few minutes later.
Lawyers Luo Xiang and Zheng Li arrived.
Mu Yang showed the indictment to the two people who had just arrived, and after the two had read it, he asked, "What do you guys think about this? Have we violated the Anti-Price Monopoly Law?"
Facing the boss, Zheng Li said solemnly: "Boss, there are two conditions for breaking the "Anti-Price Monopoly Law", and they must be met at the same time. One is to sell goods at a price below cost, and the other is to occupy market dominance. We have neither If these two conditions are met, there is no violation of the law."
Mu Yang turned to Luo Xiang: "What's your opinion?"
Luo Xiang looked at the boss, thought for a while, and said: "If according to the cost statistics of our production department, the first condition mentioned is indeed not met, but foreigners say that we have violated the "Anti-Price Monopoly Law", then they must Familiarity with this legal trigger means that we may have reached it.
One is that we are not familiar with our product costs, such as research and development costs, and may even exaggerate our costs, so it is possible to achieve;
The second condition, what constitutes market dominance?
Hehe, I want Lawyer Zheng to explain it more officially. "
Seeing Luo Xiang's smiling face, Mu Yang sometimes really wanted to get close to him, to play tricks on him, and turned to Zheng Li.
Zheng Li was glanced at by Luo Xiang and stared at by the boss, and said wittily: "According to the current practice of the beautiful country, if the company's share in the relevant market reaches about 75% or more, it will be considered to have exclusive power. ;
When the market share is between 50% and 75%, whether it enjoys a dominant position still needs to be proved by other evidence. Such as market structure, potential rivals, etc.; if the market share is less than 50%, it is generally considered to have no market dominance.
In the EU, if the market share is less than 50%, it may also have a dominant market position. At this point the court will review and compare the market shares of other competitors in the market. For example, in the case of United Brands, the suspected company had a market share of 40%-45%, while its closest competitor only had a market share of 16%. The gap was quite large, so the former was deemed to have a dominant position.
In my country, if there is only one operator in our company, if it exceeds 50%, the condition of dominance is established. "
"That is to say, the boundary in our country is set at 50%?" Mu Yang said, "But, does it refer to welding machines, second-guarantee welding machines, or the market share of a specific model."
"Strictly speaking, it should be a secondary welding machine, such as the 500 model, and there is no specific function." Zheng Li said.
Luo looked over to the boss, knowing to let him speak, and he continued to explain: "If you look at the company's current proportion, our proportion is not large, so it's not a big deal;
But if we say that our products have an overwhelming advantage, it is only because of our production capacity problems and slow shipments that we do not buy their products. The advantage in the second-warranty welding machine is already the market leader. Tangshan Songshang Fooling the concept also fools the judge.
Another reason is that Tangshan Songshang is just trying to scare us. Anyway, they have already torn faces with our company. In this lawsuit, they asked for very little compensation, because they had no chance of winning, and they were afraid of losing and paying too much. Fee, just hope to oppress us through the government, let us raise prices, or stop lowering prices easily, and then lower prices, it is estimated that they are really at a loss.
Of course, this is just my guess. "
Luo Xiang paused, looked at the boss and nodded, and continued, "We haven't reached it yet, but it's hard to say in the future. Like handheld laser welding equipment, we occupy an absolute position in the market, and it can be said that we occupy a dominant position in the market. The risk is If it is larger, another condition can no longer be triggered, so it can no longer be sold at a lower price.
If two conditions are really triggered one day, if a lawsuit is really necessary, you can also argue. For example, we are a new product, and competitors want to enter. There must be a time process. We have not disgustedly prevented competitors from entering this market. market. "
Mu Yang heard from Lawyer Zheng Li that his point of view is more objective and agreeable, but it is more rigid. You must know that each judge interprets the law differently. Otherwise, why are there different judgments for the same case? .
As for Luo Xiang's point of view, it's a little unreasonable. It's true to interpret it from the words. The dead can be said to be alive. If anyone goes to court with him, he will probably be pissed off. Fortunately, he was recruited by himself.
Mu Yang rubbed his temples, the direction was too convoluted, he waved his hand:
"Lawyer Luo, Lawyer Zheng, let's deal with it. Are you confident?"
This time, Mu Yang didn't plan to go to any court, there was really no way last time.
I have been sued twice this year. The Xinghai Group has sued others. There have been several cases recently, all of which are patent infringement cases.
Zheng Li was full of confidence: "I have no problem."
Luo Xiang was even more confident: "Boss, this case is a trivial matter, no problem."
"Okay, give the scanned copy of the complaint to the public relations department, and ask them to make some soft articles and hand them over to the media." Mu Yang felt that this was a good opportunity to promote the company, and he didn't want to miss it.
Luo Xiang was taken aback for a moment, and soon understood that he couldn't help laughing when he left.