Analysis On The Abuse Of Dominant Market Position From The Dispute Between QIHOO360and Tencent QQ

Dominant market position itself is not illegal. However, the enterprises which have the dominant market positions have a great influence. So if they take these advantages to abuse their dominant market position, which will have negative effects on the legitimate interest of consumers and competitors, good competitive environment, and even on the healthy development of the market economy, it is strictly prohibited by law. However, due to the general legal provisions on abuse of market dominant behavior and the diverse reality, there is a great deal of obstacles to practice. Therefore, as starting on point of the disputes between Qihoo360and Tencent QQ, this dissertation carefully analyzed the dominant market position, in order to prevent enterprises’ abuse of dominant market position.This article consists of four parts, the first part is an overview of the dispute between Qihoo360and Tencent QQ, described the whole story of it, the challenges to solve it and the substance of it; the second, third and fourth parts separately described from the theoretically relevant market, the dominant market position, the meaning of the abuse of dominant market position and recognized standards, and then combined with the realities of the dispute to finally determine the dominant market position of Tencent QQ in the domestic instant messaging software market. Tencent QQ has abused its dominant market position and should bear civil relevant liability.