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No. 9 of Ten Model Anti-monopoly and Anti-unfair Competition Cases Tried by the People's Courts Published by the Supreme People's Court: Case of a monopoly dispute involving a brick and tile association — Determination of right to claim damages by the implementers of horizontal monopoly agreement
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最高人民法院发布十起人民法院反垄断和反不正当竞争典型案例之九：“砖瓦协会”垄断纠纷案——横向垄断协议实施者损害赔偿请求权的认定
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【法宝引证码】
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| No. 9 of Ten Model Anti-monopoly and Anti-unfair Competition Cases Tried by the People's Courts Published by the Supreme People's Court: Case of a monopoly dispute involving a brick and tile association | | 最高人民法院发布十起人民法院反垄断和反不正当竞争典型案例之九：“砖瓦协会”垄断纠纷案 |
| —Determination of right to claim damages by the implementers of horizontal monopoly agreement | | ——横向垄断协议实施者损害赔偿请求权的认定 |
| [Case Number] | | 【案号】 |
| No. 1382 [2020], Final, Civil, IP, SPC | | （2020）最高法知民终1382号 |
| [Basic Facts] | | 【基本案情】 |
| Zhang A (with partial name withheld) sued in court, alleging that he was coerced into joining the Brick and Tile Association of Yibin City and signing the Contract for Suspension of Production for Rectification by the promoters of the association including Sichuan Province Wuqiao City Building Material Industry Co., Ltd. (hereinafter referred to as "Wuqiao Company"), Yibin County Sihe Building Material Co., Ltd. (hereinafter referred to as "Sihe Company"), and Cao A (with partial name withheld), and was forced to suspend production by contract, that the Brick and Tile Association of Yibin City and its promoters forced certain brick and tile enterprises in Yibin to suspend production by extensively signing the above contract, increased the prices of bricks and tiles to realize improper benefits by reducing the supply of bricks and tiles, that their above acts, which were obviously intended to preclude and restrict competition and produced the effect of precluding and restricting competition within a certain period of time, constituted the horizontal monoply agreement specified by the Anti-monopoly Law, but the Brick and Tile Association of Yibin City and the brick and tile enterprises that maintained production ceased to pay support for the suspension of production by agreement after making a small payment, and that their acts precluded Zhang A from participating in competition and constituted a violation of the Anti-monopoly Law. The court of first instance held that the alleged acts constituted a violation of the Anti-monopoly Law and injured the rights and interests of Zhang A, and thus rendered a judgment that Wuqiao Company, Sihe Company, Cao A, and the Brick and Tile Association of Yibin City should jointly and severally pay compensation for economic losses in the amount of 336,000 yuan and for reasonable expenses in the amount of 5,000 yuan. Wuqiao Company, Cao A, and the Brick and Tile Association of Yibin City were dissatisfied and appealed to the Supreme People's Court. The Supreme People's Court held upon trial at second instance that the essential issue in the case was whether Zhang A, as one of the implementers of the horizontal monoply agreement in this case, had a right to request other implementers of the horizontal monoply agreement to pay compensation for his so-called economic losses, and given that the claim for damages by an implementer of the horizontal monoply agreement was essentially a request for a share of monopoly benefits, rendered a judgment, setting aside the first-instance judgment, dismissing all the claims of Zhang A. | | 张某某主张其系在宜宾市砖瓦协会的发起人四川省宜宾市吴桥建材工业有限责任公司（以下简称吴桥公司）、宜宾县四和建材有限责任公司（以下简称四和公司）、曹某某等的胁迫下，加入该砖瓦协会，签订《停产整改合同》，并因该合同被迫停止生产。宜宾市砖瓦协会及其发起人通过广泛签订上述合同，迫使宜宾市部分砖瓦企业停产，通过减少砖瓦供应量，实现提高砖瓦价格，赢取不当利益，上述行为明显具有排除、限制竞争的目的，且在特定时间内实现了排除、限制竞争的效果，构成反垄断法规定的横向垄断协议。但宜宾市砖瓦协会和仍维持生产的砖瓦企业支付了少量停产扶持费后不再依照约定付款，其行为排除了张某某参与竞争，构成对反垄断法的违反，故诉至法院。一审法院认为，被诉行为构成对反垄断法的违反，侵害了张某某的权益，故判决吴桥公司、四和公司、曹某某、宜宾市砖瓦协会连带赔偿经济损失33.6万元、合理开支5000元。吴桥公司、曹某某、宜宾市砖瓦协会不服，向最高人民法院提起上诉。最高人民法院二审认为，该案核心问题是，张某某作为该案横向垄断协议的实施者之一，是否有权要求该垄断协议的其他实施者赔偿其所谓经济损失。鉴于横向垄断协议实施者主张损害赔偿，实质上是要求瓜分垄断利益，故判决撤销一审判决，驳回张某某的全部诉讼请求。 |
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