Legal advice: Commercial Bank of unfair competition, the question of jurisdiction

Huang Pulin

The problem:

My bureau in3At the end of the month received the report, report of a credit assigned him to buy some insurance personal accident insurance in the process of its loans, not to buy insurance credit will not be loans. In the course of the investigation, the problems on the jurisdiction of the raised objection, that acts of unfair competition, the financial industry to the CBRC jurisdiction, industrial and commercial authorities do not have the right to handle.

The State Administration for Industry and Commerce2008Years1Month8Day, had made "on commercial banks and other financial companies unfair competition jurisdiction issues of Jiangxi Province Bureau of industry and Commerce (business and the words"[2008]7No.):"Anti Unfair Competition Law" third article second article about "the provisions of the laws, administrative regulations by other departments of supervision and inspection, in accordance with the provisions of the regulations", refers to the relevant laws, administrative regulations, acts of unfair competition to the "Anti Unfair Competition Law" provisions stipulated by the Department for supervision and inspection, from its provisions. Because "no specific provisions of the banking supervision law" unfair competitive behavior of financial institutions, principled provisions of article second, article third this law does not exclude the administrative department for Industry and Commerce on the basis of "Anti Unfair Competition Law" to the financial institutions act of unfair competition jurisdiction. Therefore, in addition to "acts of unfair competition, investigated and dealt with by the banking supervision institution stipulates the commercial bank law", the administrative department for Industry and commerce to financial institutions and other acts of unfair competition and restrict competition behavior, including financial institutions unfair sale with prizes, commercial bribery, false advertising and other acts of unfair competition, with the powers of supervision and inspection.

    However, reply of the Supreme People's court "about whether the business sector unfair competition behavior of rural credit cooperatives have the right to investigate and deal with the problem ("[2005]For He Zi No.10Answer number), Anhui Province Higher People's Court: "in accordance with" the people's Republic of China Commercial Bank Law "article tenth, article seventy-fourth (three), ninety-third provisions of the people's Republic of China and the" Anti Unfair Competition Law "third paragraph second of rural credit cooperatives, illegal financial acts include the power of supervision management of anti unfair competition behavior, the exercise by the banking supervision institution."

Excuse me, how should we deal with?

Personal views:

The State Administration for Industry and Commerce2008The reply years, actually very skills. The State Administration for Industry and Commerce said: "in addition to" acts of unfair competition, investigated and dealt with by the banking supervision institution stipulates the commercial bank law ", the administrative department for Industry and commerce to financial institutions and other acts of unfair competition and restrict competition behavior, including financial institutions, improper prize sales, commercial bribery, false advertising, unfair competitive behavior, has the powers of supervision and inspection."

But the problem is, "commercial bank law" article seventy-fourth (three), "in violation of the provisions of raising or lowering the interest rate or by other improper means, deposits, loans" behavior, set the administrative penalties and enforcement agencies is the banking regulatory agencies. When making loans to force lenders to buy insurance, if identified as "Anti Unfair Competition Law" the regulation of unfair competition behavior, then, the situation is "commercial bank law" article seventy-fourth (three) "specified by unfair means loans"?

Hey, I think the province, city administration of industry and Commerce in accordance with this reply if the State Administration for Industry and commerce, the commercial banks in acts of unfair competition in the loan of exercise of jurisdiction, also a little suspension.

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