On The Case Of Qihu Sue Tencent For Abusing The Dominant Market Position

Monopoly has a long history, but till the end of20th century, it never happened in internet. Along with the development of the internet technology, Baidu, Tencent and Alibaba become biggest monopoly IT enterprise in China. From2010on, the conflict between Tencent QQ and Qihu360has heated up the temperature of the debate of IT monopoly in our society. After a series of debates on the internet, they finally went to lawsuit. In2011, Qihu sued Tencent in the High Court of Justice in Guangdong province for abusing dominant position of market. The case is also known as the first case of internet. The questions about how to prevent internet companies to abuse dominant position of market, which relative to this case is worth to study.Based on the view of internet market and the conflict between Tencent and Qihu360, this thesis analyzed and commented on this case. Compare to the traditional market, internet market is a virtual environment. The anti-monopoly laws barely cover this aspect and have a lot of loophole, which brings difficulties and complexities to the executive department. Tencent and Qihu360both are IT Company; they have a lot of common points, including products and target market. Despite all above conditions, these two companies must obey the law against unfair competition and the anti-monopoly law; on the contrary, these two companies forged their own rules and somehow broke the law. Although the anti-monopoly law of our country has been prepared for14years before formally promulgated, still it is far from being a mature law, lack of detailed items and conditions. In order to improve the anti-monopoly law, more practices and lawsuits are necessary. The lawsuit between Tencent and Qihu360is just a perfect case to improve the anti-monopoly law.