Each reporter Jiang Peifang Wang Jing edited by Lu Xiangyong Recently, Tencent won the Xiamen municipal out-of-office cloud service project at 0.01 yuan, causing an uproar in the cloud computing industry. In the eyes of the outside world, Tencent Cloud has become a “spoiler†in the government’s cloud market, preferring to get the mark for free. Some commentators believe that Tencent uses this to make a big advertisement without losing money; others still think that Tencent's spending money has bought big data on public livelihood, which is worth it. However, in the eyes of some legal professionals, they bid for the violation of the Anti-Unfair Competition Law by bidding below the cost. Cloud computing has reached new lows The price competition in the field of cloud computing has intensified. Recently, an announcement from the China Government Procurement Network revealed that Xiamen City Pragmatic Procurement Co., Ltd. was commissioned by the Xiamen City Information Center to openly bid for the “Xiamen Pragmatic-Open Tender-2017WS034 Xiamen Municipal Extranet Cloud Service†with a budget of 4.95 million yuan. The companies participating in the bidding have a total of five units: China Mobile Fujian Branch bid about 2.7 million yuan; China Telecom Xiamen Branch bid 1.7 million yuan; China Unicom cloud data tender is about 3.09 million yuan; Xiamen aspect bid 2.9 million yuan ; And Tencent cloud bid price is 0.01 yuan. Although the bid price was surprising, it did not prevent Tencent from winning the bid. On March 17, the Chinese Government Procurement Network released the “Xiamen City Information Center in Xiamen - Practical Public Bidding - 2017-WS034 Winner of the Xiamen City’s Foreign Service Cloud Service Announcementâ€. The name of the successful bidder is Tencent Cloud Computing (Beijing) Co., Ltd. The amount is 0.01 yuan. After the official announcement of the tender results in Xiamen, it quickly triggered the industry's hot debate, even in the circle of friends triggered splash screen. What is the intention of Tencent Cloud's above move? "Daily Economic News" reporter interviewed Tencent, as of the press has not yet received a response. After Tencent won the bid for the Xiamen City Government's extranet cloud service order with a penny of 1 cent, on March 20th, the tender result of the Shanghai e-government cloud service project announced on the China Government Procurement Network even had a “0 winning bidâ€. "Shanghai Municipal Government Procurement Center No. 201710075 - Shanghai E-Government Cloud Service Bid Announcement" shows that this project has a budget of 12 million yuan (RMB, same below) by Shanghai Mobile + Yunsai Zhilian and China Telecom. Winning the bid, the total bid amount is "0 million." The e-government cloud service bidding project in Shanghai clearly stipulates that “low-cost malicious competition is not encouraged. If bidders think that they have business advantages in this project, they must make clear and reasonable explanations and explanations in terms of technology and business, otherwise they will bear the consequences. "The risk of being rejected as the target of a bid that is lower than the cost price", "The bidder must not violate the standard norm or contractual agreement, and carry out vicious low-price competition by reducing the quality of service and reducing the content of services and disrupt the normal market order." However, the above Shanghai project is different from Xiamen project in nature. A person familiar with the matter informed the Daily Economic News reporter that the e-government cloud service tender in Shanghai adopted the principle of payment after the first payment, which was based on the principle of actual settlement. Therefore, the bid cannot fill in a specific amount, but the tender cannot be vacant. Therefore, after communicating with the tendering party, we filled in 0 yuan. When bidding, there is a specific quotation for each unit price. Does it constitute "unfair competition"? "Daily Economic News" reporter noticed that Tencent's low-price winning bid event was not the first time in the bidding project. As early as April 8, 2016, the Wenzhou Municipal Government’s government cloud platform project had a budget of 1 million yuan. China Mobile participated in the tender bid at a price of 1 yuan/month, which in turn triggered questions from other participating bidders. Hot public discussion. At present, the focus of public debate is whether Tencent Cloud’s quotations of RMB 0.01 are legal and legitimate. Is it unfair competition? Zhang Yuanzhong, a doctor of civil and commercial law at the China University of Political Science and Law, believes that the bidding law violates Article 11 of the Anti-Unfair Competition Law. This regulation clearly states that operators must not sell goods at a price below cost for the purpose of crowding out competitors. In any of the following cases, it is not an act of unfair competition: selling fresh commodities; dealing with goods whose expiration date is about to expire or any other backlog of commodities; seasonal price cuts; selling goods because of debt liquidation, conversion, and price cuts. Zhou Xuliang, director of Beijing Guanling Law Firm, did not agree with the above view. He said that the existing evidence is insufficient to prove that the company violated the "Unfair Competition Law." Zhou Xuliang said that first, the case occurred in the field of bidding, which is different from the ordinary consumer market. Article 1 of the Anti-Unfair Competition Law stipulates: This Law is enacted to guarantee the healthy development of the socialist market economy, encourage and protect fair competition, stop unfair competition, and protect the legitimate rights and interests of business operators and consumers. The Anti-Unfair Competition Law applies to the general consumer market. However, this tagging behavior takes place in the field of tagging, not the general consumer market, and will not have a material impact on the operators and consumers. Second, according to the "Bidding Law" and "Implementation Regulations," the company's bid price For $0.01, if only the price is taken into account, the bid price may be directly rejected by the bid evaluation committee because it is significantly lower than the cost price. It will not reach the level that affects the operators and consumers, and therefore should not be caused by “unfairnessâ€. The competition law regulates. However, Jiao Xiaofei, a lawyer of Bank of China Law Firm, also expressed his opinion. "Article 33 of the Bidding Law clearly stipulates that bidders must not bid at a price below the cost. Therefore, even if this bid is successful, it is illegal." Jiao Xiaofei told reporters that major projects of state-owned enterprises, government departments, institutions, etc. should all be bidders. The fundamental purpose of the Bidding Law is to allow some market competition units to participate in competition. The approach of almost $0, on the surface, sacrifices the interests of the company, but in fact it is reminiscent of its very likely binding nature. 0 won the bid, and then make money through other projects. Otherwise from the normal business perspective, Tencent cloud is impossible 0 yuan. This practice is very hard for other competitors. The market supervision and management department should pay attention to and investigate the results of bids, and determine the illegality of the bids, while other competitors can also sue for the outcome of the bid.