The Analysis Of Qihu360V. Tencent Case Of Anti-monopoly Law

November3,2010, Tencent through QQ advertising manner to all QQ users senta letter. Tencent said there will be360software in all installed computer to stoprunning QQ software.Therefore,360conflict with Tencent.Finally,in the Government’smediation, the two sides to stop the battle. But the two sides did not stop the conflict,But the prosecution to the court. The paper selects qihu360v. Tencent case of abuse ofmarket dominance, as the anti-monopoly law since the implementation of the firstoccurred in the case on the Internet, known as "the first case of the Chinese Internetmonopoly ".On Tencent require users to "choose" behavior and bundling behavior analysisto determine Tencent whether the behavior constitutes abuse of a dominant marketposition, and puts forward some suggestions on the regulation of the anti-monopolylaw of China in the field of Internet. This paper is divided into four parts:Part I: The basic circumstances of the case described.Part II: Analysis of the case summed up the focus of controversy in this case.There are three focus, the relevant market; Tencent whether they have a dominantmarket position; Tencent whether the conduct in this case constitutes an abuse of adominant market position.Part III: This is the key and difficult in the present case.In the first part of therelevant market are identified, and then analyze whether the Tencent has a dominantmarket position in the relevant market? No, Tencent behavior does not constituteabuse of dominant market position. Further analysis, to determine its behaviorconstitutes an abuse of dominant market position is it right? Through the analysis,the author thinks: the Tencent acts constitute abuse of dominant market position.Part IV: Aiming at the problems, puts forward relevant policy suggestions. Theauthor gives the following suggestions: one is to improve the anti-monopoly law ofour country, weakening the role of the relevant market in the Internet market, thedominant position in the market more attention of active users, user viscosity, userdependence, click a quantity etc. Strengthen law enforcement. Two is to strengthenthe self-regulation of Internet enterprise.