In 2020, Wish.com was the 8th most used e-commerce platform in France. But in the opinion of users and the DGCCRF, the site contains far too many counterfeits and products that do not comply with the safety standards in force throughout the European Union – and that is why Wish.com has disappeared from search engines. and mobile app stores.
The platform then attempted an appeal, before failing before the Paris administrative court. Then Wish’s lawyers turned to a priority question of constitutionality (QPC). The QPCs provoke a referral to the Constitutional Council, which must then rule on the validity of a court decision – in this case, Wish asked the Elders to assess whether the sanctions against the site infringe freedom of expression and entrepreneurial freedom.
The Constitutional Council will not let Wish fall back into its failings in France
The supreme institution has just responded to Wish on October 21, 2022 – in an opinion that has everything to displease the company. The Council emphasizes that the sanctions against Wish are intended to “strengthen consumer protection and ensure the fairness of online commercial transactions”and “carried on[vent] an objective of general interest”.
The Elders recall that the site offers articles prohibited by law, which may justify such delisting. In addition, the deadlines and procedures for doing so have been respected. As a result, for the Council, the decision does not infringe either freedom of expression or freedom of enterprise. This confirms the sanctions that target Wish and therefore permanently exclude the site from the French market.
These provisions have of course, as we told you, greatly affected Wish’s market share in France. But it should be noted that the blocking measures, if they are what they are, do not prevent Internet users from accessing Wish from France if they wish. Just type the site address directly into the address bar – no VPN required. And you can still order and receive items at home.
We also note that the fall in the site’s market share is probably only partly due to these sanctions. At the turn of 2020, indeed, as customers received counterfeit, toxic or non-compliant items, the site began to see its position eroded. Wish is an American company based in San Francisco.
The site has been listed on the stock exchange since 2020. As our colleagues from the newspaper Le Monde remind us, its managers seem well aware of the site’s major weakness. Since the latter acknowledged in their IPO file that the company’s reputation “could suffer if our merchants engage in unethical or illegal practices, such as selling fraudulent or counterfeit products.”