外文题目Anti-trust Law Study On Internet Software As A Service

Since the conflict between Tencent and Qihu360came into being, people’s discussion on it has never been stopped. As the conflict went more fiercely, Tencent sued Qihu360for unfair competition compensation and Qihu360sued Tencent for monopoly compensation. However, both losers of the two cases were Qihu360. Although the event was finally suppressed by the government, we cannot deny the problems existing in our legal system, which are reflected by this case. As to the unfair competition lawsuit initiated by Tencent, the Supreme People’s Court has decided that Qihu360violated the anti-unfair competition law and should make compensation to Tencent for its losses. But the Court did not explain whether Tencent had violated the anti-trust law and left this question to the administrative department of the government. What we must figure out is, how can the government deal with those internet monopoly enterprises like Tencent when confronted with such case? As "the economic constitution" of the market economy, how can the anti-trust law protect market competition and public interests in the internet area?In the worldwide, many internet enterprises such as Intel, Microsoft and Google are defendants in the anti-trust lawsuits. Some anti-trust authorities in the developed countries including the European Union, United States and Japan have launched their anti-trust investigations and made cruel punishment according to their domestic law. Although the birth of Anti-trust Law has brought about tremendous changes in our anti-trust law-making process, we must recognize that there is still imperfection in our legal system especially in the internet area, there is still a far way we need to go to improve the authority of anti-trust law. How to strengthen the deterrent power of anti-trust law to prevent the monopoly’s abuse of market power to maintain fair competition, free market and trade justice in the internet industry and protect the rights of Internet users has become a serious problem. As to this aspect, many developed countries have explored rich experience in their anti-trust practice, which is very good for us to learn.This paper is expounded from the perspective of anti-trust law. It is divided into five parts. First, it is started with an brief introduction of the case Tencent v. Qihu360. Second, there is an overall statement about the monopoly situation in the internet software industry. Third, through legal analysis of the case, we will summarize the legal analysis process of anti-trust in the internet software area. Fourth, we will look at some useful foreign experience of the developed countries on internet anti-trust. Last but not the least, based on the current situation of our internet anti-trust law system and the beneficial foreign experience, we will make some propositions on the ways to improve our legal system of anti-trust law in the internet software area.