The Cognizance Of The Abuse Of Dominant Market Position In The Antitrust Law

"3 q war" form since the suit to be solved, for 4 years.The case involved huge litigious, is China's largest antitrust field case, billed as "China's Internet first antitrust case. The competitive environment in the case of the Internet has a significant influence, serious harm the interests of the masses of users, has caused widespread concern from all walks of life.In this case, tencent QQ computer keeper "and enable users to make the" alternative "behavior, the abuse of dominant market position?From all walks of life point of view is not unity. Analysis on this question, first of all, it is necessary to define what is " relevant market " in this case, Second, to prove that tencent QQ in the relevant market does have its dominant market position, finally, analysis of the presence of abusing its dominant market position. Network marketing and traditional markets.As the definition of monopoly is the particularity of the case, the traditional way of antitrust cases applied to network faces many difficulties. Such as: " demand for alternative analysis methods of the anti-monopoly law in this case the application encounters obstacles. Network of "bilateral market", "free" and "MaoJian" caused by network externalities and the "locking" phenomenon, make the SSNIP test method in trouble. At present, At present, because in the field of the network, The application of the anti-monopoly law in China has not made a special regulation and operability of the explanation, therefore, the relevant market definition is very difficult, it has become an important theoretical problem in intellectual property law.In this paper, according to the theory of intellectual property law and related cases of referee facts as the basis, the application of relevant knowledge of law and combined with empirical analysis method, to analyze the case dispute focus and determination, his own conclusions. Full text is divided into four parts:The first part: case description and controversy. This section by listing "3 q war" causes, about the case, and find out the case of disputes, commented on and finally on controversial issues. Through the case to understand what had happened this case, through the controversial focus in this paper, the main research direction, to analyze the dispute to foreshadowing for later detailed study.The second part: the cognizance of the relevant market. In the presence or absence of dominant market position that an enterprise, shall be carried out in this case on the basis of the relevant market, therefore, it is particularly important to the cognizance of the relevant market. This part mainly includes the relevant commodity market and the relevant geographic market.The main method of defining the relevant market has "demand substitution" method, "supply alternative" method, and the SSNIP test method, etc. But these traditional methods have limitations, and considering the characteristics of the bilateral market, this paper will adopt "profit model" comprehensive test and the method of investigation platform source of corporate profits, to analyze the competition in the market to the case.The third part: the cognizance of dominant market position. Have a dominant market position, directly related to the definition of abuse.First of all, based on bilateral market characteristics, analysis of tencent's market share. Second, the market share no matter big or small, can't directly that tencent QQ has a dominant position, the ease of market entry, cross network effects, and other factors must also be taken into account. Only adopting the comprehensive judgement method, can accurate analysis.The fourth part: whether the tencent's behavior constitutes abuse. Although a certain enterprise holds a dominant position within the market, however, does not therefore decided that this enterprise is abusing its dominant position, must also be further analysis and argumentation. The author through to the abuse of dominant market position behavior forms is analyzed, and combined with the characteristics of the Internet, whether to tencent has study the behavior of the abuse of dominant market position.Through research, we can draw, combined with the particularity of the Internet industry, related to the case of market, market dominance and abuse of dominant market position behavior, Provides similar cases occurring after treatment with reference value on theory and practice.