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Regulator releases damning report on Alibaba over fake, substandard goods on Taobao

Hypocrisy

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Regulator releases damning report on Alibaba over fake, substandard goods on Taobao

State Administration of Industry and Commerce decided “not to disclose” accusations earlier to “avoid hindering” Alibaba’s record-breaking initial public offering in the US

PUBLISHED : Wednesday, 28 January, 2015, 2:27pm
UPDATED : Wednesday, 28 January, 2015, 11:16pm

[email protected]

taobao-a.jpg


The government accused Taobao.com of a range of malpractices a day before the parent group Alibaba released a financial report. Photo: Bloomberg

The war of words between mainland’s largest online shopping site and the state commercial regulator escalated today after the authority released its full report on the failure of Taobao.com to ban substandard products – just one day before its parent corporation, Alibaba Group, releases a financial report.

Alibaba, in return, said on its official Weibo account that it would file a formal complaint to the Administration of Industry and Commerce against the director of its e-commerce division, Liu Hongliang.

The director, in charge of a recent quality survey of products sold on Taobao.com, violated the country’s product quality inspection regulations and imposed a “very serious negative impact on our e-commerce professionals”, Alibaba said.

Alibaba’s latest move came shortly after the administration released on a state-owned news site, People.com.cn, memos from an internal conference meetings between itself and Alibaba in July.

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A laptop computer screen displaying the website of Alibaba's Taobao main site. Photo: AP

The document, dubbed the “Alibaba White Paper”, accused Taobao.com, Alibaba’s largest e-commerce business that has been called a Chinese version of eBay, of allowing merchants to operate without required business licences, to run unauthorised stores that co-opted famous brands, and to sell counterfeit products.

The website’s employees have long turned a blind eye to the flaws raised in customer feedback and internal credit-rating systems, the report said.

It also accused the employees of disclosing the regulator’s confidential report on counterfeit products to the merchants and letting them to remove the products from shelves before the authority could make its next move.

The document was withhold to “avoid hindering” Alibaba’s record-breaking inititial public offering on the New York Stock Exchange, the administration said.

Laws and regulations were fair to every player in the e-commerce market, people.com.cn quoted the regulator as saying. "The executives of Alibaba should know where the bottom line is and avoid being too arrogant," it said.

On Tuesday, Taobao.com published on its official Weibo account a separate open letter addressed to Liu, which it said was penned by an anonymous employee.

Titled “Don’t make unfair calls, Director Liu. You’ve crossed the line.” The letter accused his department of commissioning an unfair quality survey to pick on Taobao.com.

However, Taobao.com removed the letter down on Wednesday morning.

Commissioned by the administration, the China Consumer Association bought 92 products at random from several online shopping sites and found that more than 60 per cent of products randomly chosen from Taobao.com failed to meet China’s retail-goods standards.

The survey results of the company’s major rivals were much better. 90 per cent of Jingdong Mall’s products and 80 per cent of goods sold on Yihaodian, a Chinese online grocery business controlled by Walmart, met standards.

Chinese officials, including Premier Li Keqiang, have over the past year voiced support for the country’s burgeoning private enterprises, especially in the e-commerce sector.

At least 350 million mainlanders shop online, spending at least 3,000 yuan (HK$3,770) per year, according to official figures.

Additional reporting by the Bloomberg

 

Hypocrisy

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Re: Regulator releases damning report on Alibaba over fake, substandard goods on Taob


Alibaba faces firestorm as row with regulator escalates; shares end down over 4 per cent


Alibaba set to face questions over failure to reveal regulator's accusations of fraud at online shopping platform ahead of United States IPO

PUBLISHED : Wednesday, 28 January, 2015, 10:51pm
UPDATED : Thursday, 29 January, 2015, 8:14am

Bien Perez, Andrea Chen, Ray Chan, Toh Han Shih and Enoch Yiu

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Jack Ma speaks at the World Economic Forum in Davos. Photo: bloomberg

Alibaba Group executive chairman Jack Ma Yun is set to face a barrage of questions when the e-commerce giant reports quarterly earnings today, spurred by a government regulator's blistering accusation of widespread fraud and other illegal activities at the company's popular online shopping platform.

A State Administration for Industry and Commerce (SAIC) white paper published yesterday by People.cn the news website of the Communist Party mouthpiece People's Daily, alleged that Taobao Marketplace, China's largest online shopping service, sold counterfeit goods as merchants without business licences were allowed to operate and run unauthorised stores.

Alibaba's shares fell heavily in New York, closing on Wednesday at US$98.45, down US$4.49 or 4.36 per cent on the day.

The document marked an escalation in the war of words between SAIC and Taobao, which had published an open letter on its official Weibo account on Tuesday accusing SAIC director Liu Hongliang of commissioning an unfair quality survey of goods sold on the platform and making public the results without giving online shop owners a chance to appeal.

This letter was later removed from Weibo by Taobao, which said it was penned by an anonymous employee.

In a new Weibo post yesterday, Taobao announced its decision to file a formal complaint with SAIC.

"We welcome fair and just supervision, and oppose selective omissions and malicious actions. We believe director Liu Hongliang's procedural misconduct during the supervision process, irrational enforcement of the law and obtaining a biased conclusion using the wrong methodology has inflicted irreparable and serious damage to Taobao and Chinese online businesses," Taobao said.

This would likely serve as small comfort for Alibaba after the SAIC survey published last week showed that more than 60 per cent of products randomly chosen from Taobao failed to meet China's retail-goods standards.

The SAIC white paper also accused Taobao employees of turning a blind eye to complaints raised against the platform's customer feedback and internal credit-rating systems. The employees were also blamed for leaking the regulator's report on counterfeit products to merchants before the authorities could take action against the offending vendors.

But what could be the most damning aspect from the white paper was that it was based on memos from a meeting between Alibaba executives and SAIC officials in July, and that the regulator delayed the report's release to "avoid hindering" Alibaba's initial public offering in the United States.

Hangzhou-based Alibaba, which raised US$25 billion in September in the world's biggest IPO, "must now clarify these accusations to its investors", said Gartner analyst Sandy Shen.

Ma had appeared to adopt a conciliatory stance last night, stressing Taobao's cooperation with the government and announcing the company had formed a 300-person team to fight counterfeiting. "Fake products are not a problem created by Taobao, but Taobao has to bear responsibility and resolve the issue," Ma said.

Benjamin Cavender, a Shanghai-based retail analyst at China Market Research Group, said most consumers on the mainland were not surprised there were fake goods sold on Taobao. "US investors who had done any due diligence prior to investing in Alibaba probably should not be surprised either," Cavender said.

A source close to the Securities and Futures Commission said the regulator's decision in 2013 not to grant Alibaba an exemption from listing rules for an IPO in Hong Kong had not been related to concerns about fake goods on its shopping platform.

Barclays has forecast Alibaba will post total revenue of US$4.486 billion for its third financial quarter to the end of December, up 47 per cent year on year, on strong sales at Tmall.com and Taobao, higher commission income and improved online advertising.


 

mojito

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Re: Regulator releases damning report on Alibaba over fake, substandard goods on Taob

Haha! White men got scammed in their own turf! Luckily our nation's reserves are managed prudently by our PM and his very capable wife. We stayed far away from this Ma guy who only know how to talk big!
 

VPutin

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Re: Regulator releases damning report on Alibaba over fake, substandard goods on Taob

Haha! White men got scammed in their own turf! Luckily our nation's reserves are managed prudently by our PM and his very capable wife. We stayed far away from this Ma guy who only know how to talk big!

Much anticipated reply from you. Picking a name like Ali Baba lives true to it's name.

Ali.. ali baba.. hahahaha
 

Hypocrisy

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Re: Regulator releases damning report on Alibaba over fake, substandard goods on Taob


Taobao probe could leave Alibaba open to US action


PUBLISHED : Wednesday, 28 January, 2015, 10:55pm
UPDATED : Thursday, 29 January, 2015, 1:56am

Toh Han Shih [email protected]

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Chinese regulators accused e-commerce giant Alibaba of permitting sales of fake goods and hurting consumers in a report that was withheld until now to avoid disrupting the company's US stock market debut. Photo: AP

A mainland regulator's criticism of online shopping site Taobao leaves its parent, Alibaba Group, potentially vulnerable to the US Foreign Corrupt Practices Act (FCPA), punitive action by US regulators and US lawsuits by shareholders, given Alibaba's US listing, analysts say.

Alibaba raised US$25 billion from listing on the New York Stock Exchange in September in the world's biggest initial public offering.

"Under US law, for Alibaba to be at risk of action by US regulators or lawyers on behalf of shareholders, the lawyers and regulators have to show Alibaba failed to disclose in its IPO prospectus a material risk it should have been aware of at the time of its IPO," said Stephen Peepels, Asia-Pacific head of US capital markets at DLA Piper, a US law firm.

"If Alibaba knew this problem at the time of its IPO, it would have an obligation to disclose this in the IPO prospectus."

The State Administration for Industry and Commerce (SAIC) accused Taobao of failing to prevent substandard and questionable products from being sold through its online platform. SAIC raised its concerns over Taobao with Alibaba in July, before Alibaba's IPO, Xinhua reported.

Among the risk factors stated in Alibaba's IPO prospectus, the Chinese e-commerce giant admitted: "We may be subject to allegations and lawsuits claiming that items listed on our marketplaces are pirated, counterfeit or illegal. Failure to deal effectively with any fraud perpetrated and fictitious transactions conducted on our marketplaces would harm our business.

"We have been subject to Chinese and other foreign government inquiries and investigations. We also face scrutiny, and have been subject to inquiries and investigations, from foreign governmental bodies that focus on cross-border trade, intellectual property protection, human rights and user privacy matters."

However, the prospectus did not specifically mention SAIC's concerns over Taobao.

"This revelation raises questions of whether they had adequate disclosure in the US listing documents," Hong Kong corporate governance activist David Webb said.

"I would not be surprised if Alibaba faces legal action by US shareholders over non-disclosure of this [SAIC] investigation."

If Alibaba employees were suspected of bribing mainland officials, the company might be liable under FCPA, said Keith Williamson, managing director of Alvarez & Marsal, an international professional services company.

"If there are allegations regarding the bribery of government officials by employees or agents of the entity or its subsidiaries, the US Department of Justice and Securities and Exchange Commission may make further inquiries and formally investigate the alleged activity," he said.


 

Narong Wongwan

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Re: Regulator releases damning report on Alibaba over fake, substandard goods on Taob

State Administration of Industry and Commerce decided “not to disclose” accusations earlier to “avoid hindering” Alibaba’s record-breaking initial public offering in the US

I guess this sums it up.....
 

Mirage

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Re: Regulator releases damning report on Alibaba over fake, substandard goods on Taob



State media side with regulator in widening row against Alibaba Group


E-commerce giants should ‘bear the corporate social responsibilities’ and ‘stop bullying others’

PUBLISHED : Thursday, 29 January, 2015, 11:46am
UPDATED : Thursday, 29 January, 2015, 11:46am

[email protected]

alibaba_hangzhou.jpg


Alibaba's corporate headquarters in Hangzhou, Zhejiang province. Photo: Reuters

Chinese state media today voiced support for the commerce regulator in a signed commentary amid the escalating row between the authority and Alibaba Group, calling on the e-commerce giant and other big companies to bear their corporate social responsibilities and stop “bullying others by flexing their financial muscle”.

The commentary came shortly after the company vowed to file formal complaints against a quality survey released by the State Administration for Industry and Commerce earlier this week.

The signed commentary, published by the official People’s Daily on its Wechat account today, said the company should be mindful of the bottom line – that it as illegal in China to sell substandard goods as is to produce them.

According the regulator, the quality survey found more than 60 per cent of randomly chosen goods from the group’s popular online shopping platform Taobao.com, similar to eBay, were substandard.

Alibiba said that the survey used questionable and unfair sampling measures to pick on Taobao.

But the commentary on Wechat countered: “There is no escape by good fortune [for companies that sell substandard goods]. A bag of [substandard] milk powder could ruin a company,” it added, referring to the milk powder scandal that almost bankrupted Sanlu Group. “Online shopping platforms have changed the way Chinese people shop… Fix the problems before it is too late… Don’t let down millions of consumers who support you.”

The commentary also criticised the administration for failing to release its findings on the irregularities at Taobao.com earlier, in a reference to the “white paper” the administration published online on Wednesday.

That document, based on discussed between Alibaba and the regulator in July, had been withheld to “avoid hindering” the group’s record-breaking initial public offering in the US, the administration admitted yesterday.

“Compared to the questionable sampling measures pointed out by Alibaba, [the delay] in releasing the white paper was much more inappropriate,” the commentary said.


 

yellowarse

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Re: Regulator releases damning report on Alibaba over fake, substandard goods on Taob

State Administration of Industry and Commerce decided “not to disclose” accusations earlier to “avoid hindering” Alibaba’s record-breaking initial public offering in the US

I guess this sums it up.....

Alamak, all in the same bed lah!
 

Mirage

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Re: Regulator releases damning report on Alibaba over fake, substandard goods on Taob



Alibaba stock tanks as war of words escalates with top Chinese regulators

Last year saw investigations of 11,000 online commercial violations, Ministry of Commerce says amid row with Alibaba Group

PUBLISHED : Thursday, 29 January, 2015, 5:08pm
UPDATED : Friday, 30 January, 2015, 7:33am

Teddy Ng, Amy Li and Andrea Chen

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Alibaba's corporate headquarters in Hangzhou, Zhejiang province. Photo: Bloomberg

The stock price of Chinese e-commerce giant Alibaba Group tumbled 8.8 per cent on Thursday, closing at a three-month low of US$89.81. The stock plunged as much as 11 per cent to the intraday low of US$87.36 after it posted fourth-quarter revenue results that fell short of analyst forecasts.

The fiasco comes as a feud between the company and top Chinese business regulators escalated on Thursday, with the release of a transcript of a recording purportedly revealing the regulator justifying its investigation of Alibaba offshoot Taobao.com.

State-run Xinhua’s official microblog carried the text, but there was also no official confirmation of the recording.

The transcript quoted SAIC director Liu Hongliang as telling his staff it was “normal” to penalise Alibaba “thousands of times a year” and that the “combined annual salary of all the staff on our team is less than what a worker [in Alibaba] gets paid each month”.

“Some of the comrades may say director Liu is biased against Alibaba,” Liu was quoted as saying. “I have no bias and I will prove with my actions that I am carrying out my responsibilities.”

News portal Thepaper.cn also carried the transcript, but said it could not verify it.

The transcript was later pulled from both online outlets.

The war of words between Alibaba and SAIC erupted on Wednesday after the administration published a white paper that alleged that Taobao sold counterfeit goods by allowing merchants without business licences to run unauthorised stores.

Alibaba responded by accusing Liu of commissioning an unfair quality survey of goods sold on the platform and making public the results without giving online shop owners a chance to appeal.

Taobao said it would file a formal complaint with SAIC but an administration spokesman said on Thursday that it had not received a formal complaint against Liu from the company, online portal Sina reported.

The Ministry of Commerce also entered the fray, saying on Thursday that it would step up regulation of e-commerce amid the SAIC-Alibaba row. Ministry spokesman Shen Danyang said the move was aimed at overhauling the entire sector.

Shen said the ministry investigated more than 11,000 violations in the fast-growing industry and closed 3,400 websites last year.

Xinhua, too, waded in, publishing a report on its website on “the woes behind the glory of China’s online retailers”, problems that included “a low-price culture”, “vicious competition,” and “fake goods”.

That came on top of a commentary released through the official People’s Daily WeChat account in which the Communist Party mouthpiece reminded Alibaba that selling substandard goods was as illegal as producing them.

The commentary called on the e-commerce giant and other big companies to remember their corporate social responsibilities and to stop “bullying others by flexing their financial muscle”.

It also criticised SAIC for failing to release its findings on Taobao earlier. SAIC’s white paper was based on discussions between Alibaba and the regulator in July, and the administration admitted that the document had been withheld to “avoid hindering” the group’s record-breaking initial public offering in the United States.


 

SureKnowSomething

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Re: Regulator releases damning report on Alibaba over fake, substandard goods on Taob


Mainland regulators, Alibaba tone down their spat over 'fake goods' accusations

Company chairman Jack Ma meets with head of regulator, with Ma vowing to fight fakes and the SAIC saying its criticisms had no legal force

PUBLISHED : Saturday, 31 January, 2015, 12:09am
UPDATED : Saturday, 31 January, 2015, 1:55pm

Toh Han Shih [email protected]

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Jack Ma has promised to combat fake goods. His company, Alibaba has been ranked China's second-most valuable brand with a value of US$59.7 billion. Photo: AP

The spat between Alibaba Group Holding and mainland regulators took on a more conciliatory tone yesterday with chairman Jack Ma promising to combat fake products on its platform and the regulator saying the white paper which sparked the row had no legal force.

On Wednesday, a State Administration for Industry and Commerce (SAIC) issued a white paper that accused Taobao, a retail subsidiary of Alibaba, of allowing a high proportion of counterfeit and substandard goods to be sold through its online platform. Alibaba hit back with executive vice-chairman Joe Tsai dismissing the white paper as "flawed".

The spat hit the US-listed Alibaba hard, wiping nearly US$30 billion of its market capitalisation and also threatening to take billions off its brand value.

But in a statement posted on its website yesterday, a SAIC spokesman said the paper had no legal force and was actually not a white paper. The SAIC said the paper was only for "internal reference" and did not have any legal implication, a statement that could head off any possible shareholder lawsuits against the US-listed company.

Xinhua reported that Ma met with SAIC minister Zhang Mao yesterday. During the meeting, Ma promised to "actively cooperate with the government [and] devote more capital" to weeding out fake goods on its platform.

Zhang said Alibaba had made good efforts in safeguarding consumer interests and added his agency should find new modes of oversight for e-commerce.

On Tuesday, Alibaba was ranked China's second-most valuable brand with a value of US$59.7 billion in the 2015 BrandZ ranking by Millward Brown, an international advertising research agency, and WPP, the world's largest communication services conglomerate.

Before yesterday's meeting. Elspeth Cheung, global BrandZ director at Millward Brown, had said the regulator's claims would hit Alibaba's brand value.

"The BrandZ data does suggest that it will damage brand equity. This news will reinforce the negative impact of consumers' perceptions on the quality of Taobao's goods, leading to lower brand equity than Tmall," she said.

Tmall is another online platform of Alibaba that offers more high-end goods than Taobao.

Charles Brian-Boys, the chief executive of Alchemy Asia, an Asian brand consultancy based in Hong Kong, said chief executives worried about risks to a company's reputation due to the power of social media.

"The brand can take a long time to build but can be destroyed very fast by social media, fairly or unfairly," Brian-Boys said.

On Thursday in New York, Alibaba shares fell 8.78 per cent to US$89.81, taking the loss for the week so far to 13.6 per cent, reducing its market capitalisation by nearly US$30 billion. In early trade in New York yesterday, Alibaba shares were up to US$91.18.

Additional reporting by Andrea Chen


 

SureKnowSomething

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Re: Regulator releases damning report on Alibaba over fake, substandard goods on Taob



Alibaba's battle with regulators threatens to damage brand China

E-commerce giant's feud with regulator could damage not just the firm's reputation, but also other Chinese companies and the country itself

PUBLISHED : Saturday, 31 January, 2015, 12:44am
UPDATED : Saturday, 31 January, 2015, 9:38am

Toh Han Shih
[email protected]

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Illustration: Sarene Chan

"Open sesame" was the codeword used in the Ali Baba children's folktale to reveal the treasure cave. But "open season" seems to be the more apt phrase as regulators and executives of the Chinese e-commerce giant Alibaba sniped away this week in a war of words over its handling of operations that allegedly sell counterfeit goods.

The row yesterday took a more conciliatory tone, but analysts warned that, if it continues, it could threaten to damage the reputation of not just China's biggest internet company but also that of other Chinese companies and China itself.

In hindsight, the group's IPO prospectus last year was prophetic in predicting this week's fallout. It warned: "We may increasingly become a target for public scrutiny, including complaints to regulatory agencies, negative media coverage, including social media and malicious reports, all of which could severely damage our reputation and materially and adversely affect our business and prospects."

When Alibaba listed on the New York Stock Exchange last September, raising US$25 billion in the world's biggest IPO, many Chinese cheered. They saw it as the strongest sign yet that corporate China had arrived on the world stage and that the juggernaut was unstoppable. Despite its stocks tumbling 10 per cent on news of its weaker-than-expected sales growth in the last quarter, as of Thursday, the company had a massive market capitalisation of US$223 billion.

Last week in Davos, Switzerland, Alibaba executive chairman Jack Ma Yun was a speaker at the World Economic Forum. As he hobnobbed with the global elite, he made his ambition plain: to expand Alibaba's customer base six-fold to two billion.

Such statements, which made headlines a week ago, have now been replaced by speculation on what exactly is playing out between the corporate behemoth and China's opaque state machinery. On Wednesday, the State Administration for Industry and Commerce (SAIC) posted online a white paper - since expunged from its site - alleging that the giant's Taobao Marketplace sold counterfeit goods as merchants without business licences were allowed to operate unauthorised stores. Alibaba hit back swiftly, accusing the regulator of bias and misconduct. What could provide dangerous ammunition for litigators and regulators in the US against Alibaba were allegations that SAIC already had concerns over Taobao before the firm's IPO but did not raise them to avoid disrupting the highly-anticipated public listing on the world's largest stock market.

"What's happening is Alibaba has rubbed some people up the wrong way," said Charles Brian-Boys, chief executive of Alchemy Asia, an Asian brand consultancy headquartered in Hong Kong.

At an earnings conference call on Thursday night, Alibaba executive vice chairman Joe Tsai described the SAIC report as "flawed" and the posting of the report on the websites of the regulator and Chinese state media as an unfair tactic. His company was preparing a formal complaint to SAIC, he said.

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Jack Ma was praised for the hugely successful Singles Day sales festival - an event SAIC now claims misled consumers. Photo: Reuters

The stunning turn of events has taken many by surprise, as the company had been the corporate darling of many officials. A grandson of former Chinese president Jiang Zemin , Alvin Jiang Zhicheng, is one of its investors and former Hong Kong chief executive Tung Chee-hwa is an independent director. Premier Li Keqiang has praised Alibaba, citing its successful Singles Day sales festival - an event SAIC now claims misled consumers.

"It makes no sense why Alibaba is picking a fight with the Chinese regulators," said Brian-Boys. "Even if Alibaba is wrongly maligned, it is no reason to make the fight public, especially in China, because China has very strong face issues."

He added: "The biggest casualty is not Alibaba. Inevitably, this will add a further dent to brand China and especially Chinese IPOs in the US. It reinforces the sceptical view amongst many North American investors of Chinese companies, their corporate governance and murky matters."

Analysts have also pointed out that the central government prized harmony and was deeply allergic to any public airing of issues. As Brian-Boys noted: "They won't want fakes and poor governance to tarnish the country's image, and face is hugely important. I'm very surprised it has reached this level of public spat."

Elspeth Cheung, Global Brandz director at Millward Brown, an international advertising research agency, said: "It is likely to have an impact on brand China, because trust is an area Chinese brands have really had to work on in order to achieve better market penetration as well as improved consumer perception outside of China."

Earlier, Millward Brown and WPP, the world's largest communication services group, had ranked Alibaba as the second most valuable Chinese brand in 2015 with a brand value of US$59.68 billion.

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Charles Brian-Boys of Alchemy Asia says the spat will add a further dent to brand China and especially Chinese IPOs in the US.

The current revelations of Taobao's problems will damage its reputation and may damage Alibaba's brand equity. But the net impact on Alibaba's brand might be neutralised if consumers switched from Taobao to Tmall, a more high-end retail platform under Alibaba, said Cheung.

If US regulators did investigate Alibaba, the move would definitely trigger a domino effect on other Chinese firms listed in the US, warned Keith Williamson, managing director of Alvarez & Marsal, an international professional services firm.

"Where the US authorities identify inappropriate behaviour in one company, they may perform more detailed analysis and make enquiries of other US-listed companies in the same industry and geographical location, if they feel there is a possibility that the behaviour may be repeated," said Williamson.

If Alibaba exacerbates US investors' mistrust of Chinese firms, it may reverse the current boom in Chinese companies seeking to tap US capital markets. Last year was the first time in several years, when Chinese companies led by Alibaba started rushing back to list in the US, said Stephen Peepels, Asia Pacific head of US capital markets at DLA Piper, a US law firm. Prior to that, fraud allegations by US short sellers like Muddy Waters against Chinese companies had scared away the latter from listing in the US, Peepels said.

The SAIC white paper was reportedly based on memos from a meeting between Alibaba executives and its officials in July that the regulator said it withheld to "avoid hindering" the group's IPO. The smoking gun would be an alleged copy of the original memos leaked by mainland media on Thursday.

Refuting this charge on Thursday, Tsai said Alibaba never asked SAIC to delay the report in order that its massive IPO could proceed smoothly. He also said that the first time Alibaba was made aware of the white paper was when it was posted on SAIC's website on Wednesday.

If it is found that Alibaba's IPO prospectus did not make sufficient disclosure of SAIC's concerns, the US-listed firm is potentially liable to shareholders' class action lawsuits and punitive action by US regulators, according to lawyers. Tsai's words appeared to contradict Xinhua, which also reported that SAIC had raised its concerns over Taobao's problems with Alibaba in July.

To avoid upsetting Alibaba's IPO "is a strange reason" for a Chinese regulator not to publicise its concerns earlier, said Raymond So Wai-man, dean of the business school of Hang Seng Management College.

"Regulators shouldn't care about the IPO. They should care whether the charges against the company are real or not. Of course, US regulators and lawyers for shareholders will look at this matter," said So.

In a commentary published on the People's Daily official Wechat account on Thursday, Xinhua warned the e-commerce giant to stop "bullying others by flexing their financial muscle", but also criticised SAIC for failing to release its findings on irregularities at Taobao earlier.

Analysts are divided over whether the Chinese government will take a hard or soft approach against Alibaba.

It is quite likely that Alibaba and Taobao will be investigated by the government in the wake of such high-profile negative publicity against them in state media, said Julian Russell, a director of Pacific Risk, a Hong Kong risk consultancy.

"Anything published by state media is sending out a political message. It's probably a prelude to Taobao being investigated and possibly punished," said Russell. However, Brian-Boys believes it is possible the Chinese government may soften its approach.

"It is possible that some very senior Chinese leaders got both sides together and told them to stop fighting in public. The Chinese leaders don't like their regulators and big companies to argue in public because it hurts the reputation of China. The key words in China are harmony and face," said Brian-Boys.

Joel Kellman, a retired Silicon Valley venture capitalist whose former firm GGV Capital had invested in Alibaba, gave this endorsement: "I have known two of the Alibaba leaders, Jack Ma and Joe Tsai, for nearly 15 years and have found them to be of high character and honesty."

Alibaba will need all the support it can get - if the "open season" does not end soon.


 

SureKnowSomething

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Re: Regulator releases damning report on Alibaba over fake, substandard goods on Taob



PUBLISHED : Monday, 02 February, 2015, 4:00am
UPDATED : Monday, 02 February, 2015, 10:03am

SAIC-Alibaba dispute offers a new lesson for China’s richest man


Row between SAIC and Alibaba shows Jack Ma should cultivate relationships at lower levels


[email protected] Twitter @george_chen

davos_wef_2015_530656135_47902631.jpg


Jack Ma surprised to see the State Administration for Industry and Commerce (SAIC) attack his company’s reputation. Photo: Bloomberg

When the mainland’s richest man gets involved in a public war of words with an important industry regulator, that is certainly news.

What really bothered many global business partners and shareholders of Alibaba, the mainland’s top e-commerce firm, might not be really about the government allegations about how many fake products were sold via Alibaba’s online shopping networks but more about how good or bad self-made billionaire Jack Ma Yun’s government relations can grow after this dispute.

Doing business in China is all about politics. For Ma, it was completely a surprise to see the State Administration for Industry and Commerce (SAIC) suddenly attack Ma on his company’s reputation just days after he returned from the World Economic Forum in Davos where Ma was clearly portrayed as the most important business leader from China.

What surprised and probably worried Ma deeper may be the fact that SAIC first revealed to the whole world there was a closed-door meeting and a white paper about Alibaba’s quality problems just ahead of Alibaba’s mega US listing late last year. Then for the sake of the company’s listing plan, the SAIC decided to hold off the white paper. Alibaba didn’t disclose this particular detail as one of the investment risks for its investors during the listing roadshow and that became a significant question about Alibaba’s information disclosure. Several US law firms immediately acted on this before the SAIC later clarified the white paper didn’t have legal status and was “just for internal reference”.

The U-turn in such a rare public dispute between Alibaba and the SAIC within just 24 hours late last week made the whole incident even more mysterious. It is believed that the drama has caught enough attention from top leaders inside Zhongnanhai, China’s White House, and Beijing wants to end this unexpected crisis immediately to avoid losing face and money for both sides.

Alibaba lost billions of dollars in just few trading sessions as shareholders were worried about Ma’s government relations. Beijing cannot afford a crash of an online business that many small private businesses now heavily rely on. So, your choice – win-win or lose-lose? Industry insiders say Ma should have got a lesson that although he enjoys good personal ties with some top leaders at the central government level, he may also want to show more respect to lower-level government bodies.

Ma is lucky to get by this crisis but politics will remain the top challenge for him and Alibaba – and Chinese politics is clearly getting more sophisticated than just having one or two powerful friends who can help someone do everything.

George Chen is the SCMP’s financial editor and a Yale World Fellow. Mr. Shangkong columns appear every Monday. Follow @george_chen on Twitter or visit facebook.com/mrshangkong


 

SureKnowSomething

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Re: Regulator releases damning report on Alibaba over fake, substandard goods on Taob



Playing the blame game over fake goods sold on China's Taobao

PUBLISHED : Saturday, 31 January, 2015, 3:38am
UPDATED : Saturday, 31 January, 2015, 3:38am

Andrea Chen and Keira Lu Huang

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Less than 40pc of Taobao goods meet retail standards, SAIC says

As a diehard fan of English indie bands, Hong Kong-based shopper "Lin" was upset to find that her favourite customised smartphone-case shop on Etsy, a peer-to-peer American e-commerce site, closed last year over complaints of selling unauthorised merchandise.

The shop owner, a Chinese national working in Singapore, took orders from customers outside mainland China, at around £10 (HK$117) a case, and bought the products from similar shops on China's largest online shopping platform Taobao.com for around 30 yuan (HK$38) each, shipping included.

But fans like Lin are willing to pay, even though the bands' managers have filed complaints to Etsy over copyright violations.

"There's no authorised iPhone case of the indie band I like as it doesn't bother to produce it," Lin said. "I would have bought it on Taobao if I were in mainland China."

There are hundreds of merchants with similar offerings on Taobao, known as the Chinese eBay. Popular customised products include smartphone cases with pictures of Disney cartoon characters, which are effectively counterfeits ripped off from Walt Disney Animation Studios.

The failure to shut down such unauthorised stores - like Etsy did - is one of many irregularities at Taobao that the mainland commerce regulator pointed out in a white paper published on Wednesday that led to the shares of the e-commerce giant falling more than 4 per cent in a day.

Other irregularities include flaws in the website's customer complaints system and leaks of the regulator's report on imitation goods to merchants before the authorities could take action against the offending vendors, the State Administration for Industry and Commerce (SAIC) said.

"It's not that Taobao has done nothing to crack down on these shops. There are just too many of them," said Feng He, a popular mainland blogger who has been sharing online shopping tips and product reviews for almost a decade.

Taobao did have employees to monitor customers' complaints, she said. But the main reason for its flourishing substandard-goods market lies in the low threshold of opening an online store: all you need is a valid identification card.

"If a customer complains that a store sells fraudulent goods, the store could be shut down by Taobao," Feng said. "But while you are shutting down one shop, the merchant can immediately open another one [using another person's identity card]."

Other merchants simply lacked the knowledge, she said.

A Taobao jeweller once turned to Feng for help when her shop was forced to close after a buyer complained that she sold fake Van Cleef & Arpels merchandise on her online store.

"She felt wrongly accused because she simply bought the jewellery for their beautiful look, not knowing that they were fake luxury goods," Feng said. The shop has since been closed.

In response to SAIC's allegations, Jack Ma, executive chairman of Alibaba Group, which owns Taobao, said that Taobao had formed a 300-strong team to fight counterfeiting.

But he also defended Taobao, saying it was a victim, not the villain, in the mainland's flourishing counterfeit-product-manufacturing business.

"Counterfeit products are not a problem created by Taobao, but Taobao has to bear responsibility and resolve the issue," Ma said.

China was last year listed by the United States as one of the leading places for physical markets selling fakes.

Popular mainland markets, including the Silk Market in Beijing and the Garment Wholesale Centre in Guangzhou, were singled out as key sources of counterfeit goods.

At the World Internet Conference in Zhejiang province last year, Ma lashed out at criticism that Taobao was filled with fakes and said some customers were to blame.

"If you would like to buy a 25 yuan Rolex, you are just being too greedy," he said, suggesting that any customer buying such an underpriced product should know it would be an imitation.

Feng shared the same sentiment. "I'm not saying people go to Taobao solely for the counterfeit products, but some people just want the affordable fakes," she said.

But clearly, the mainland authorities disagree.

In a signed commentary published on People's Daily's WeChat account on Thursday, the party mouthpiece said Taobao should be mindful that selling substandard goods was as illegal in China as producing them.

"Online shopping platforms have changed the way that Chinese people shop … Fix the problems before it is too late … Don't let down millions of consumers who support you," the commentary said.


 

Micron

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Re: Regulator releases damning report on Alibaba over fake, substandard goods on Taob



Knockoffs Thrive on Alibaba's Taobao

Critics Say Chinese E-Commerce Giant Needs to Do More About Counterfeit Goods


China's counterfeiters are a notoriously tricky bunch, creating spitting images of North Face jackets and Tory Burch Wallets. The WSJ's Kathy Chu explains how to see if a deal is too good to be true on Taobao.

By Kathy Chu and Laurie Burkitt
Updated April 28, 2014 12:20 a.m. ET

The Taobao online marketplace, run by Chinese e-commerce giant Alibaba Group Holding Ltd., is one of the world's largest shopping sites, with 7 million sellers offering 800 million items—ranging from Columbia Sportswear fleece jackets to Dahon folding bicycles.

But there are some hitches: Of the roughly 58,000 folding bikes for sale on Taobao, for instance, up to half are knockoffs or infringe on Dahon's intellectual property, says David Hon, chief executive of the Duarte, Calif., company.

The number of fake Dahons on Taobao has increased 10- to 20-fold in the past two years, Mr. Hon estimates, costing the company a few million dollars in sales each year and forcing it to ramp up its fraud-fighting resources. Dahon now has four full-time staffers and spends about $200,000 a year to monitor and fight counterfeits globally.

"We keep complaining" to Taobao, said Mr. Hon. "The [counterfeiters] stop doing this for a while, and then a few months later, they resurface and open up another store."

Dahon's struggle highlights a big unsolved problem for Taobao operator Alibaba, which is preparing to list in the U.S., in what's expected to be one of the world's largest public offerings ever.

Alibaba says it spends more than 100 million yuan ($16.1 million) yearly fighting counterfeit goods—particularly on Taobao, its biggest shopping site, according to a February report filed with the World Intellectual Property Organization.

In the past year alone, Alibaba removed more than 100 million listings suspected of intellectual-property infringement and partnered with Chinese law enforcement on 77 counterfeit cases, leading to the arrests of 51 criminal groups.

In 2012, such efforts helped get Taobao removed from the U.S. Trade Representative's list of "notorious markets" for counterfeit goods.

Yet some foreign brands and analysts say that fakes remain a serious—and in some cases a growing—problem on Taobao, a virtual bazaar where anyone with an ID can set up shop. The issue could raise awkward questions ahead of Alibaba's $15 billion stock listing in the U.S.

"They will have shareholders who will not want to be associated with a company making its money on counterfeit goods," said Damian Croker, the chief executive of BrandStrike, which monitors fakes for foreign brands on e-commerce sites. Mr. Croker says his clients aren't seeing an improvement in the situation on Taobao.

Alibaba declined to comment for this article, citing its pending IPO. The company's public filings to the USTR and the World Intellectual Property Organization detail the steps it has taken to cut down on counterfeit goods on Taobao.

"Sales of allegedly IPR-infringing goods over the Taobao platform are minimal, and Taobao neither invites nor condones such activity," the company said in a filing to the USTR in September 2012.

Analysts and brands say it is nearly impossible to pin down the scale of the problem on Taobao, due to the massive number of goods for sale and the difficulties of detection and authentication.

Haydn Simpson, a product director at counterfeit-tracker NetNames, said his clients, which range from luxury brands to apparel makers, estimate that 20% to 80% of the products listed as theirs on Taobao are fakes.

Portland-based Columbia Sportswear Co., which makes outdoor apparel, suspects that 32 of the 39 Columbia jackets listed for sale in a search late last year on Taobao were fake, says John Motley, the company's director of intellectual property.

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Folding-bike maker Dahon says knockoffs are hurting sales of authentic bikes, above. Dahon

The company has been trying to get the number of counterfeits down for five years, hiring a software firm to scan through listings and photos, hunting for sellers of pirated Columbia goods and then reporting them to Taobao. In the past year, Columbia has gotten 21,311 Taobao listings taken down, Mr. Motley says.

Columbia uses software company MarkMonitor to scour online listings for pictures of clothing that Columbia has never made but that bears the logo. It also looks for listings of quantities of goods that surpass what Columbia has produced or put on the market.

Dahon says that when Taobao sellers post their own photos of bikes, the company can often pick out counterfeits based on subtle differences in the seat or handlebar design. Dahon also uses its investigators to trace products sold on Taobao to their physical store fronts. The investigator may pose as a buyer, wearing a wig to avoid recognition, to gather evidence that can be used in court, said Mr. Hon.

Determining what is genuine is made harder by a culture of knockoffs—dubbed shanzhai, or "mountain stronghold" in Chinese—that run the gamut from complete imitations to playful parodies that look similar to popular brands yet don't claim to be authentic. A recent search on Taobao using the word shanzhai turned up 16,100 items.

In a quiet stall tucked away in a Beijing market with a local and international reputation for selling fakes, 20-year-old Zong Jia shows the backpack and other school supplies that he also sells on Taobao.

"This is the Disney hologram," he says, pointing to a tag attached to a Mickey Mouse backpack. The hologram appears only on products that are authentic and come from licensed Disney sellers he finds at wholesale markets in Guangzhou and Shanghai, he says. To show Taobao shoppers his goods are real, Mr. Zong posts photos that detail the size, color, weight and credentials.

Still, one backpack Mr. Zong sells on his Taobao site, featuring Snow White, Cinderella and Sleeping Beauty, is inscribed with the word "Diteyn" on the front, rather than Disney. Mr. Zong said he bought it from a wholesale market in the eastern province of Zhejiang, and doesn't know if the company has the rights to use the characters.

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A knockoff Dahon

A Disney spokeswoman said that some of the products sold by Mr. Zong are genuine, but didn't comment on the Diteyn bags.

Alibaba has said in its filings to the USTR that Taobao regularly searches for fake goods through key words, and automatically removes the listings it finds. The platform also partners with brand owners to conduct 30 to 50 campaigns each year to remove fakes from the site. Last year, it started kicking off merchants found to be selling counterfeit goods four times in a calendar year.

Many brands say the efforts aren't enough, and that Taobao is too slow at responding to claims of counterfeit goods.

BSA, a software alliance whose members include Apple, Dell and Microsoft, said in an October filing with the USTR that Taobao's process of removing suspect goods "continues to be inefficient and inconsistently applied, lacking any meaningful deterrence value."

Unlike eBay, which automatically removes listings that brands say are suspect, Taobao may take weeks to investigate problem listings, according to foreign brands and consultants.

Alibaba, in its 2012 USTR filing, said it takes seven to 10 days for Taobao to process takedown requests, and the process can be shorter if the submitter has an "established track record of reliability." In an online presentation that same year to Western companies, Alibaba said it has to be careful about removing listings on Taobao because some brand owners "knowingly make false claims, state false representations, (and) forge authenticity test report(s)." Consumers "knowingly buy some counterfeits and pirated items" on Taobao, Alibaba said.

Two years ago, as guitar-string maker D'Addario grappled with counterfeits on Taobao, Alibaba urged the New York company to open a storefront on Tmall, the e-commerce company's higher-end shopping site where it gets a cut of each transaction. A Tmall store would give Chinese consumers assurance they were getting an authentic product, and mean less business for counterfeiters, D'Addario said it was told.

"They said if you [open a Tmall shop], we'll help you call out the counterfeit products," said CEO Jim D'Addario. "It's been reasonably successful."

Zhang Mingchu, 25, bought an Oil of Olay sunscreen on Taobao last year for 70 yuan, less than half what she'd paid previously at a retail shop.

The package, when it arrived, revealed an identical-looking container to what she'd purchased before, but a cream that was "incredibly stinky,'' she said.

"I immediately threw it away," Ms. Zhang said. "No way I'd put that on my skin."

Since then, Ms. Zhang has stayed away from products offered on Taobao for 50% less than retail, for fear they could be fake.

A spokeswoman for Procter & Gamble Co. 's Olay suggested that "consumers go to a trusted store with a good reputation" or to P&G's flagship Tmall store to buy Olay products.


 

Leongsam

High Order Twit / Low SES subject
Admin
Asset
Re: Regulator releases damning report on Alibaba over fake, substandard goods on Taob

I don't know what all the fuss is about. EVERYBODY knows that if you order stuff from a chink website, the product is going to be fake.
 

xvzascz

Alfrescian
Loyal
Re: Regulator releases damning report on Alibaba over fake, substandard goods on Taob

I don't know what all the fuss is about. EVERYBODY knows that if you order stuff from a chink website, the product is going to be fake.

Absolutely. But the PLPs are blinded by cum in their eyes. :biggrin:
 

eatshitndie

Alfrescian (Inf)
Asset
Re: Regulator releases damning report on Alibaba over fake, substandard goods on Taob

Seems legit. Perfect for a party feast after a month of fasting.

they will sell anything, including contraceptives for catholics and abortion pills for pro-lifers.
 
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