Reflection Of Anti-monopoly Law Caused By Tencentqq Abuse Of Market Dominance

Legal norms the operation of this society and the behaviors of social roles, social life can't depart from the law, the Internet that tied to people life closely also cannot exist without the law. In November 2010, tencent QQ and Qihoo 360 occurred a network dispute which caused the the whole social concern, tencent QQ forced users to choose between the use of QQ and 360. In the instant messaging market and the neighboring Internet market structure, tencent QQ is an innovative monopoly enterprises which is located in dominant position, tencent has the market dominance in the instant messaging market. The behavior that force users make an alternative choice essentially is it extends the monopoly power from instant messaging market to the nearby competitive market with the exclusive measures. This market blockade behavior seriously undermine the market freedom competition, and the behavior belongs to abuse of market dominance according to the"anti-monopoly law".Tencent's this behavior bring us to reflection, that the antitrust rules produced from industrial economic era a century before whether can applicable and play a role in the Internet industry and network economy. The answer is yes, anti-monopoly law is the foundation of market economy, constitutional laws, free competition system maintenance, improve of economic efficiency and growth of public welfare are inseparable from anti-monopoly law, it should apply to all market entities and the trading behavior of market entities, regardless of what the market entities belongs to which industries. In the Internet industry, because of the existence of network externalities and switching costs, the market structure has monopolistic characteristics, especially it's extremely easy to appear market dominant enterprises, but dominant market position itself is not the focus of anti-monopoly laws, what the antitrust laws concerned is whether the operators are abusing market dominant position to hindered competition.Effective implement systems of anti-monopoly law is the important guarantee of achieving antitrust goals, in order to regulate monopoly on the Internet, the implement systems of Chinese anti-monopoly law should combine the implementations of private and public, and we should pay attention to the construction of implementation of the private system. According to the characteristics of the Internet, we should legislate to establish the the implementation of guidelines of anti-monopoly and technical limitations of anti-monopoly for Internet enterprises. And the promotion of social welfare and the growth of consumer interest is the ultimate goal of anti-monopoly laws, in the view of the domestic anti-monopoly legislations inadequate protection of consumer interests, we should strengthen the protection of the rights of Internet users in the implementation of anti-monopoly laws.