Case Study On Abusing Of Market Dominant Position In Qihoo 360 Vs. Tencent

Qihoo 360 vs. Tencent case on abusing of market dominant position is the first case of the internet anti-monopoly case. It has far-reaching significance for establishing internet enterprises'market dominant position.The definition of relevant product market and geographic market of Tencent and the establishment of market domination position of Tencent are the main focus disputes in the case. The relevant product market of Tencent whether needs defining accurately is the first focus of dispute. In the process of trail, the courts used alternative analysis method, SSNIP method and other methods to analysis Tencent's relevant product market. The Supreme People's Court finally concluded that the relevant product market should not be defined accurately in every anti-monopoly case on abusing of market dominant position, and the SSNIP method should not be used directly. So, to the definition of relevant product market, its importance can be eliminated. As to the methods, it mainly alternative analysis method, supplemented by SSNIP method. The second focus of dispute is Tencent's relevant geographic market whether the domestic market or the global market. The definition of relevant geographic market is very important to establishing market domination position. In the context of globalization, it needs prospectively consider some international law issues may be involved in the process of defining relevant geographic market, such as national sovereignty and anti-monopoly extraterritorial jurisdiction. The third focus of dispute is whether Tencent has market domination position, and whether market share is the only factor to establish market domination position. Characteristics of internet and internet competition have huge impact on identification standard of establishing market dominant position of traditional enterprises. So market share can not be think as the only factor to establish market dominant position, the importance of market share should be eliminated, the importance of market entry barriers should be improved, and the dependence of the internet users to product should be focused on in the process of establishing market dominant position.