As a native of Liaocheng who was raised in the same land, Zhong Leyi was much more calm than Hua Shiyuan and Wen Jue when she learned about Huo Yan's return.
During this period, the entire Leying Law Firm was extremely busy.
After obtaining the actual evidence of Starbucks' alleged monopoly from Dexin Food, Leying Law Firm organized a large number of people to collect and organize court materials.
Zhong Leyi had already passed the time when she first met the other person's parents and racked her brains to build a good relationship in order to leave a good first impression.
Huo Yan has long regarded her as her own daughter, so it is understandable that she is busy with work. Anyway, with Gu Yun by her side, she is not in a hurry.
She had always been confident, but she never expected that in just a few days, two other wild flowers would visit one after another and steal everything inside her home.
This day happens to be the day when the trial of Coffee Justice and Starbucks Monopoly Case begins.
The law stipulates that civil disputes involving antitrust are generally under the jurisdiction of the intermediate people's courts. Unless approved by the Supreme People's Court, they are under the jurisdiction of the basic people's courts.
At the entrance of the Jiangcheng Intermediate People's Court, the security inspection area was completely surrounded.
In addition to the parties and defense lawyers on both sides, there were many reporters at the door carrying long guns and short guns, as well as gossip media from all walks of life.
The collision between the industry's leading boss and the second oldest always attracts people's attention and attention.
As early as when Coffee Justice held a media communication meeting and announced that it would take legal action against Starbucks' alleged monopoly behavior, Jiangcheng Intermediate People's Court contacted both parties with the intention of mediating before appearing in court to resolve the dispute at the source.
In fact, for most general civil disputes nowadays, mediation is the first choice.
Not only can we mediate before prosecution, but we can also mediate after prosecution and before trial. We can also mediate after trial.
Even if it reaches the execution stage, execution and reconciliation can still be carried out. If the case enters the second instance procedure or the retrial procedure, it can still be mediated.
Simply put, mediation runs through all civil disputes.
But this time, the efforts of the Jiangcheng Intermediate People's Court came to nothing. During several discussions before the court, both parties were completely unwilling to reach a settlement and insisted on deciding the outcome.
“There is no intention to participate in the market hype of other brands.”
This year, faced with a complaint filed by Coffee Justice against alleged monopoly, Starbucks’ response can be described as noble and cool.
In an open letter read out at a media meeting, Coffee Justice denounced Starbucks for allegedly monopolizing the coffee chain market and engaging in unfair competition, requiring property owners and suppliers to cooperate exclusively and "choose one of the two" sides.
Starbucks' cold response was also expected.
Since its establishment in the country for more than ten years, Starbucks has become the unshakable number one in the domestic coffee market with its stable taste and industrialized standards.
In a sense, Starbucks is synonymous with "coffee".
Although Pacific Coffee and Costa Coffee have existed in the domestic market for many years, they have always been difficult to compete with Starbucks in terms of sales volume and popularity.
Before entering China in 1999, Howard Schultz, the soul of Starbucks, was prepared to suffer losses for five years. However, when the Chinese coffee market was almost blank at the time, Starbucks, which had no rivals, easily reached the top position in the industry.
However, in the past two years, Starbucks, which wants to maintain this position for a long time, has already felt pressure.
On June 19, Starbucks issued a statement saying that in the second quarter of 2013, global same-store growth rate dropped from 3% to 1%, setting the lowest value in recent years.
The unexpected downturn in the Eastern market even surprised Wall Street.
Starbucks released its third-quarter results after the market closed on July 15, Eastern Time. Its global revenue increased by 11.5% to US$6.31 billion, and its profit increased by 23.3% to US$850 million, both exceeding Wall Street expectations.
However, store sales in the domestic market fell by 2%, becoming the worst-performing market in the world. There was negative growth this quarter and the downward trend was obvious.
In fiscal year 2017, Starbucks' same-store sales in China increased by 7%. In the first two quarters of fiscal year 2018, they increased by 6% and 4% respectively. This quarter showed negative growth and a clear downward trend.
The industry attributes this decline mainly to the fact that Starbucks has encountered strong competitors in the Chinese market.
Investment bank Sanford Bernstein said that Starbucks' decline in the second quarter was sustained and that the reason it lost the important market in China was that competitors such as Coffee Justice were too strong.
This statement is not unreasonable.
Since its official launch in 2012, in more than a year, Coffee Justice has quickly gained popularity through crazy subsidies and large-scale advertising, and has also gained many users, mainly white-collar workers.
The logic of the righteous development of coffee at this stage is not complicated. It just needs to run faster and faster, make its influence greater, and make ordering a cup of coffee a habit for users.
Coffee consumption is nothing more than situational consumption or impulsive consumption. In addition to the need to work and socialize in a cafe, the urgent need for caffeine replenishment at work is another major need.
Starbucks, which has achieved the ultimate in scene consumption, has obviously not done enough in impulse consumption, mainly takeaway.
Starbucks may not miss the popularity of takeout, but it has its own concerns.
Long takeout delivery time will affect the taste, coffee may be spilled during the delivery process, and the influx of a large number of takeout orders will affect the experience of dine-in customers.
The lack of strong competitors has also made the coffee giant feel that the takeaway business is neither urgent nor necessary.
But now, coffee justice has broken through Starbucks' indifference.
Compared with the seemingly indifferent response of "no intention to participate in other brands' market hype," Starbucks is actually far from so calm.
They first made up for the lack of their own delivery function, and then joined forces with major suppliers to launch a "choose one from two" campaign, firmly grasping the seven inches of coffee justice.
This chapter is not over yet, please click on the next page to continue reading! Faced with litigation, Starbucks also has its own team of lawyers. As an established and leading company, how could it make low-level mistakes in contracts?
You say I have a monopoly, where is the evidence?
Rumors are spreading widely, and I don’t know how many small and medium-sized coffee companies are watching the excitement, hoping that the two sides will fight to the death, so as to have a chance to fish in troubled waters.
This is not what the media is focusing on. If the Jiangcheng Intermediate People's Court officially opens a trial, this will be the first time Starbucks has faced antitrust litigation in China.
The world's number one coffee faucet finally met a local competitor in this ancient eastern country.
However, the outside world is divided on the legal prosecution of coffee.
Some people believe that Coffee Justice, as a new coffee brand, gains exposure through quarrels with industry leaders, thereby increasing brand awareness. The essence of the lawsuit is a public relations trick that involves a lot of effort.
Some commentators believe that the rapidly expanding Coffee Justice has indeed encountered the encirclement and suppression of Starbucks and is facing growth difficulties. The lawsuit is a last resort to save itself.
If a lawsuit is not initiated, Coffee Justice cannot solve the supplier problem, and it may snowball to death due to Starbucks' two tricks. The Matthew Effect produced by both companies will be the final result.
It is undeniable that the initial purpose of holding high the antitrust banner and taking the commanding heights of the law to sue Starbucks and coffee justice was partly motivated by marketing selfishness.
Since the birth of Coffee Justice, fast-moving coffee products have been forced to create new traffic methods, but this is not just a false move. It is more based on the current competitive landscape and a decision made after weighing multiple parties.
But after securing Starbucks' largest supplier through public relations, Coffee Justice already has the confidence to compete head-on, and even win the lawsuit and become famous.
At 8:30 in the morning, the third trial court of Jiangcheng Intermediate Court.
"Start court investigation. Plaintiff, have there been any changes to the facts, reasons and claims you asserted in the lawsuit?"
Zheng Weilong, the president of the Second Civil Division of Jiangcheng Intermediate People's Court and the third-level senior judge, is the presiding judge of this case. He knocked the gavel and declared the court officially opened.
"No change."
Court lawyer Fan Mengru responded to Zheng Weilong's question. To her left was trainee lawyer Zhong Leyi who was sorting out papers.
At the plaintiff's table is Wen Jue, the vice president of Coffee Justice. Today, she is dressed similarly to the young trainee lawyer next to her. She wears a slim-fitting suit with a uniform skirt and a pair of five- to six-centimeter high heels. She is low-key, subtle and elegant.
solemn.
"Please state the factual reasons and defense opinions of both parties..."
Many people will feel that the court hearing is an extremely serious and serious occasion, and both sides are very confrontational when attacking and defending.
In fact, this is not the case in many cases. The trial of simple cases is more like an assembly line. In some courts' expedited adjudication teams, there are even cases where ten sessions are completed at the same time in one morning.
Follow the process, make statements and cross-examinations from both sides, match the legal provisions, and pronounce the verdict in court.
This is how most pieces of software end up being presented.
Therefore, except for some wonderful and high-energy criminal cases, the trial scene is not as interesting as laymen imagine.
No, many reporters and media people in the audience were already yawning as they listened to the narrative.
Mobile phones are not allowed at the court hearing, and whispering is not allowed. They really don't understand the professional terminology, which is like sitting on pins and needles.
Zheng Weilong listened to the statements made by the lawyers on both sides and nodded to move on to the next step.
"The statements in court are over. Now it is up to both parties to present evidence and cross-examine the focus of the dispute in this court. Before the trial, the two parties have exchanged the evidence submitted. First, the plaintiff will present evidence, and the evidence materials submitted by you will be presented to the court one by one.
Give corresponding explanation.”
During the judicial reform, most courts have implemented a pre-trial evidence exchange system, which means that the parties exchange their own evidence with the other party before the trial, so that both parties can fully understand the other party's claims.
After both parties had no objections, Fan Mengru took the microphone and added lightly: "We will submit new evidence."
Lawyers from both sides have exchanged the original evidence with each other a long time ago. Everyone is basically aware of the outcome of this case. Based on the original evidence, there is no way to reach a verdict. At most, it will be a mediation conclusion.
This is also the reason why Starbucks dares to challenge. Is this the evidence for coffee’s just prosecution?
A large pile of eucalyptus rolls looks like nothing but innocuous evidence and baseless arguments. Can this be called a monopoly?
The clerk took the new evidence submitted by Fan Mengru and projected it on the big screen, and everyone focused their attention on one point.
[Everyone here is a supplier of Starbucks. Don’t worry. Although I don’t sign a formal agreement, as the regional manager, I have the authority to promise you that as long as we don’t supply coffee justice, not only the original orders, but all our Starbucks
If you eat it, the commission will be increased by two points based on the previous one!】
The screen was shaking slightly and the camera was shaking around. The drowsy media friends in the courtroom immediately cheered up. They were professionals and it looked like this was not a normal shooting.
Are the lawsuits between the two companies and the secret filming of spy games all used?
The pictures and sounds continued, and anyone with a brain could now understand everything in front of them. To put it bluntly, Starbucks was doing everything it could to deceive the suppliers present into not supplying coffee justice.
The person who shot the video was also very clever. Not only did he record the conversation and the person's face, but he also pretended to go to the toilet every now and then, displaying the Starbucks building clearly, making it impossible to deny or deny it.
When we talk about cooperation in your territory, the people here are all real suppliers. This can always mean something, right?
Not to mention his next operation, as the largest supplier of Starbucks, the representative of Dexin Food had a private chat with the regional manager of Starbucks after the meeting, and used his words incisively and vividly.
Identity, place, time, person, all the evidence is conclusive.
In the courtroom, the auditorium booed.
In the dock, Starbucks' legal team was stunned, and the representatives present were livid. They never thought that such a situation would arise unexpectedly.
who is it?
Who took the photo, and who the hell betrayed it?
When the last private chat scene appeared, Starbucks finally understood where the culprit came from, but it was obviously too late.
Article 125 of the Civil Procedure Law states: “The parties may present new evidence in court.”
In the original evidence system, there was no real threat to Starbucks at all, and the probability of Coffee Justice winning the case was almost zero.
But after this video is played, even a layman who does not understand the law can understand what Starbucks, the industry leader, is doing behind the scenes to suppress the budding juniors.
"The following judgment will be made in court. Both parties are asked to stand up."
"This court believes that: 1. The defendant Starbucks Coffee Company immediately stopped its monopoly infringement behavior of abusing its market dominance from the date of this judgment, which means that the agreement with the suppliers Dexin Food, xx Food, etc. is confirmed to be invalid."
"Second, the defendant Starbucks Co., Ltd. shall compensate the plaintiff Coffee Justice Co., Ltd. for economic losses of RMB 15,000 within fifteen days from the date of entry into force of this judgment."
"Third, the defendant Starbucks Co., Ltd. shall compensate the plaintiff Coffee Justice for the legal fees of 500,000 yuan paid to stop this monopoly behavior within 15 days from the effective date of this judgment."
"Fourth, reject the other claims of the plaintiff Coffee Justice Co., Ltd."
The moment the gavel fell, it not only represented the victory of coffee's justice, but also had broader practical significance.
Under the Internet tide, these traditional enterprise leaders are the first to be affected.
