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Law Solutions EBay
Law Solutions EBay
Abstract
In the face of competitors like Alibaba and Amazon, eBay has fought to maintain its edge in the online
exchange market. Currently online growth is increasing at exponential rates across the globe but
international trading is something all three companies have yet to master. Over 50% of regular purchases
made online but only 35% of the global population check foreign shopping sites. The business is still ripe
for exploiting. In this business solution document we will outline the current situation and problems with
cross border selling, with an emphasis to eBays unique exchange marketplace. We then propose a
solution to be implemented to try and incentive and increase cross-border selling for both private
In recent studies from European Parliament, there is evidence that only 15% of customers bought
products online from other EU countries. Moreover, 84% of online sales came from countries in which
the selling companies were located. This data clearly suggests that selling internationally isnt fully
exploited and there is plenty left to develop. What constraints sellers from exposing their products in a
larger scale? What are the issues of cross-border selling and how can we overcome them?
The issues can vary in a long range from foreign exchange rates to safety of transactions. Sellers
are continuously searching for the best deal through many channels. Being able to sell internationally
online has advantages for both sellers and buyers. Sellers can make the highest profits by striking the best
deals and buyers have more options to choose among similar products. But if all parties are better off
while trading online, then why isnt e-commerce fully exploited? First of all, prices converge with time;
sooner or later the price of similar goods online and in stores will be nearly identical. Also, customers are
a bit dubious in the quality of foreign goods. Many buyers are risk-averse, they are not inclined to
experiment on new products and as a result they buy products from local suppliers. The perceived cost of
ordering online and the hassle it involves, like having to sign and be home at unreasonable hours, the cost
of shipping and handling, the added time to return a good that is defect, makes people go for a more
expensive local item. In the US, more than two thirds of adults shop at least once online. In the EU on
average 53% of internet users made a purchase online within the last 12 months (2015 data). The UK
represents the country with the most developed EU online retail market with 81% of individuals making a
purchase in the last 12 months while Romania is the least developed with only 11%. The country
breakdown of data provides unique insights of where and how to expand eBays market. What can solve
this instant issue, could be a more intensive advertising campaign of foreign goods in domestic markets.
Other issues involve regulations. There is great inconsistency from one country to another. For
example, debates regarding the applicability of state taxes on e-commerce transactions continue to be
present. Also, less developed countries have very different legal and tax regulations from the majority of
other countries. The absence of uniformity can cause insecurity for sellers to engage in cross-border
activities. In their domestic regulation, countries have specific rules regarding what to be sold and what
fees to be applied for selling a specific product. Even as an e-commerce business you are not exempt of
these laws. For example, for a product to enter into a country it should comply with domestic laws for
specific characteristics in ingredients, date of manufacturing, values or print date. The issue is not only in
respecting the local laws. One seller should take into account the juridical structure of the country and
their flaws. Even if he/she is able to sell in this country, he/she may not always be able to defend his legal
rights there.
In the context of shipping, we have to consider various elements such as shipping costs, time and
quality of delivery, method of receiving the product and distance from which the product arrives. One can
be reluctant to buy a product in Thailand from Portugal due to time and possible discrepancies in quality
of handling. If the buyers decide to buy a product, they should take well into consideration the costs of
shipping. Hence, the selling businesses that are closer to the active buyers in distance or the companies
that have better deals in shipping transactions will benefit more. An engaging task would be finding the
best shipping companies to collaborate with or internalizing this part of the businesses. The latter isnt
preferred nowadays since there are lots of initial costs in establishing a shipping system, and there are
plenty of specialized companies that are experienced and charge fair prices in shipping products.
With selling internationally, problems of confidence arise as well. There are plenty of scam sites,
some of them hardly recognizable from legitimate marketplaces. E-commerce is growing at a very high
rate and consequently even more scammers will try to make illicit profits. Customers should be careful in
reading feedbacks and choosing trustworthy companies to take care of their cross-border transactions.
This ambiguity in the players of the industry makes sellers or buyers hesitant to enlarge their activity
internationally. Other than internationally well-known sites such as E-Bay or Amazon, there exists plenty
of ghost sites or not experienced ones that are slow in their deliveries.
different countries prefer paying in different ways varying from Visa, MasterCard, and American Express
to secondary channels as PayPal or AliPay. Before settling agreements with intermediaries that deal with
online payments, businesses that want to exercise cross-border selling have to decide their potential
AliBaba has been a significant player in the international industry of e-commerce. What AliBaba
has done better than its competitors is overcoming the cross-border issues. Since AliBaba is based in
China and they operate a bit differently from Amazon and E-Bay, they benefited from the less-restrictive
laws of their country regarding exporting costs. AliBaba exploited this advantage by creating economies
of scope. They invested in huge warehouses and invited plenty business delivery companies to take part
into their plan. As if their position wasnt already outperforming that of the competitors, Chinese
government decided to ease import restrictions since Chinas middle class demand for foreign high
quality products has increased. Once again, AliBaba used this activity by creating 1688.com, that enables
domestic buyers import foreign products at a reduced rate. As we can see AliBaba has finally been able to
create a fully functional chain of transactions that circulates along its immense warehouses. While E-Bay
has PayPal, AliBaba has AliPay. AliPay was initially created as a subsidiary of AliBaba, thus creating
amazing economies of scale and cutting a lot of external costs differently from E-Bay. AliBaba will be an
example of a successfully operating company in the world of e-commerce for many generations. What
AliBaba achieved was thanks to Chinas regulations. Unless we dont want to move our headquarters in
China, then imitating the work of AliBaba can surely be a good solution to increase the rate of cross-
border selling.
3. SOLUTION PROPOSED
Taking into account all the above mentioned issues, a viable solution would be to create a
department of E-Bay that deals extensively only with extraordinary changes in controlling of taxation/fees
and protection of sellers and customers by providing them with information. This new department named
SMN will be structured in two branches. Branch A will play an active role in coordination of
agreements. There will be groups of trained employees that will have the duty to negotiate previous
agreements with government officials in countries where E-Bay is operating. For example, an assigned
group of employees will negotiate with the ministry of finance in Spain to reduce income taxes for
foreign sellers operating through E-Bay. These groups from the department will continuously negotiate
with countries, making clear to them the benefits of entering the deal, like having access to products that
cant be produced domestically. Lobbying will become a more intense activity of E-Bay. The talks will
involve Tax treaties like double tax agreements. In this way, businesses operating through E-Bay will
have lower taxes and thus fewer incentives to evade them. Encouraging cross-border selling will not be
the only effect. E-Bay can take advantage of the more comfortable position and can increase rationally
some of their inserting and final value fees and have more profits. There is data showing that in Europe
for example even though cross-border transactions are important, only 19% of them are done through
internet. This suggests that a good percentage of medium/large businesses operate directly in foreign
markets. If E-Bay could cut deals with these businesses to make them conduct their activities through
their channel the profits would be even higher for cross-border selling. Taking into account the tax
reduction campaign, these businesses would love to be part of the network. Since these businesses
manage plenty of transactions, E-Bay gets higher profits because of fees. Its in our interest to attract
these businesses and provide them with premiums. For example, once these businesses operating through
E-Bay will achieve a specific flow of transactions in currency, we will send a pop-up notification. We will
grant them access to all E-Bay domains (if they meet the regulation of those countries), and provide
personalized treatment regarding their interests, acting similarly as their agents. These businesses will
become E-Bay verified and will receive a program of loyalty. For instance, if a successful company sells
notebooks, the pop-up message will provide them with information like: Congratulations on becoming
an E-Bay verified seller! Did you know that Finland is the EU largest buyer of notebooks? You can check
this link for more information! Moreover, we will charge half fees to these businesses if transactions are
international. Since these businesses provide a great quantity of products to sell, the cross-border profits
will boom magnificently. Other than achieving agreements with businesses, this branch will also contract
with couriers. Nowadays, the tendency suggests that buyers are more concerned with the time and
security of delivery than its cost. Hence, this branch will also be involved in more intensive negotiations
regarding agreements with shipping companies. Requiring a specific courier that will provide quick and
quality shipping will entice consumers to be open to buying from foreign listed companies. Secondly, a
deal that might decrease the cost to ship with these couriers will also entice suppliers who would prefer a
Branch B of SMN is primarily dedicated with the public and the private supply of information.
The public aspect of Branch B, deals with compilation. For effective trading on the marketplace, the rules
of the game must be comprehensively understood to avoid fines and other friction. This is especially
relevant in cross-border trading. A public, available to all account owners of eBay, interactive document
will be provided by the legal department to display the regulations of trading with various countries. The
scope will be as broad as possible, to cover the most possible product classes. While the scope will be
broad, the various regulations will be specific in nature. Confusion may be a problem with the document,
however the interactive nature of it will allow a seller to find the exact text he needs to be proactive and
comply to suit his cross-border needs. The document will allow for a seller to select a country, select his
product class, and then read the various rules and possible exceptions. This will include everything from
taxes, courier services, foreign exchange, as well as language criteria. Branch B will also be the one to list
your product on international eBay domain extensions. If a seller meets another countrys regulation and
eBays requirements, it will be published under the appropriate foreign domain with a disclaimer alerting
the buyer that he is buying from a foreign country to allow for full disclosure. The product will also be
displayed under the official international domain. This will however not affect at all the buyers
experience on the site. They will not need to calculate anything to his price as it will reflect everything
seller, we chose 5000 units or 15,000 euros in sales, to provide certain premiums. eBay would create an
algorithm such that it would analyze the most frequent type of product sold and then search its domains
for which has the most demand for said product type. It would display a message suggesting expansion to
that foreign country and provide the necessary documents to help. If a one sells crystal sculptures, he may
receive a message saying France buyers love crystal sculptures. There would then be a link to the
interactive regulatory document (explained previously) at exactly the page detailing the sale of fragile
art/objects in France.
Finally Branch B will be in charge of rating sellers. After a certain level of sales, Branch B will
reach out to a seller and ask for some sort of identification, like Airbnb, in exchange for a trusted seller
tag on his merchandise. As mutual trust is a main issue, this should decrease the friction in the market and
In the actual moment, E-Bay holds a neutral position between buyers and sellers. The structure is
very simplistic and it works perfectly. Being an intermediary in billions of transactions has really helped
E-Bay become one of the most used websites regarding online selling. Some fans may even see E-Bay as
one of the most successful steps toward globalization. In E-Bay we can easily find the marketplace we
have been searching for a long time. Having the idea in the first place was outstanding, but executing it
required plenty of effort and experience. E-Bay succeeded even in this area by implementing a series of
fair rules. The legal policy is well implemented and covers a good amount of possible disagreements that
may arise. There are solid rules regarding item delivery and failure to pay them. Spamming and
inappropriate content is efficiently managed as well. The solution that we bring doesnt involve much of a
change to the already existing framework of E-Bay. The existing chain of functions will continue to work
normally as it did before the creation of the department. The function of the new department is external to
the usual flow. Its purpose is to increase the intensity of work that E-Bay has to deal with, in other words,
to bring more clients and handle more transactions. As explained in the solution once taxes for sellers are
lower due to negotiations, the total amount of taxes and fees a seller pays will be lower as well. E-Bay
can manage the proportions of taxes and fees to increase the profits and in the same time maintain a lower
total amount to be paid for sellers. As a result of higher fees and negotiations with member countries and
medium/large businesses, E-Bay can create some reserves in money that can be used as a form of
premium for sellers that pay lots of taxes because their products need to pass through multiple countries.
Moreover, the document with information provided by Branch B of the department will eliminate any
asymmetric information and reduce significantly uncertainty of sellers. Hence, international selling will
be incentivized more and more. Regarding the legal framework, few things will change. All the existing
rules will remain in power and few others will be added dealing with arbitrage of taxes from one country
Implementing this solution wouldnt bring risks of a great magnitude. E-Bay has always the
opportunity to go back at the original position of intermediary without dealing with intensive lobbying. To
avoid reasonable losses this project can even start as an incubatory plan. It can be tested with some
countries using few resources and see if it can result into something concrete. If however, there is possible
chance that it may work, the creation of this department should be implemented immediately. Negotiation
talks require plenty of human and technical resources. The risk that the countries will be rigid and not
willing to negotiate its viable anyways. Regarding legal risks, they are almost inexistent. There are no
laws that block negotiation of taxes. Furthermore, this department provides countries with opportunities
that do not exist without international selling. Its in the interest of both parties to arrive into a stable deal.
6. CONCLUSION
The