Qihoo 360 alleged abuse of market dominance by claim 5 million

Guide: M-time Technology says, the two software since 2012 after the launch of the market has been under the Qihoo 360 products "360 mobile guardian" interception suppression, on the "Yi-meter", "Mi King" related communication messages in the case did not inform the user forcibly intercepted or directly placed in the dustbin.

November 28, the second Intermediate People's Court of Beijing held a formal hearing of rice Technology v. Qihoo 360 abuse of market dominance and unfair competition case.

This is the Internet field after the "3Q war", the mobile Internet in the field of abuse of market dominance and unfair competition in the first lawsuit, known as "domestic mobile internet antitrust first case", so much attention.

The first trial of anti-monopoly in mobile internet

This lawsuit, which was filed on July 23 this year, has been adjourned for three times and is finally heard today. It is reported that the plaintiff Rice technology (Beijing meter Time Technology Co., Ltd.) developed the "Easy rice slices", "Mi King" two mobile phone application software, of which, "easy rice chip" with business card production, Exchange, storage, search, instant messaging, file transfer and other functions; "Mi King" based on mobile phone address Book can communicate online instant messaging.

Rice Technology said that the two software since the launch of the market in 2012, has been under the Qihoo 360 products "360 mobile guardian" interception suppression, on the "Yi-meter", "Mi King" related communication messages in the case did not inform the user to forcibly intercept or put directly in the dustbin; In addition, "Yi Mi pian" Unique Caller ID card function has also been "360 mobile phone Guardian" call show suppressed use.

Rice-time technology-related officials said under the "360 Mobile phone guards," the interception of repression, rice technology to modify the app program, through the user text messaging way to bypass the "360 mobile phone Guardian" interception, this modification although the user registration function around the "360 Mobile guardian", but the user sent a business card by SMS, Caller ID card function is still disturbed, the user experience is greatly affected.

After many times of communication with Qihoo 360 was not promptly and effectively responded, rice science and Technology decided to "abuse of market dominance and unfair competition" to prosecute Qihoo 360, and put forward a number of litigation requests, Qihoo 360 to stop abusing the market dominance and unfair competition in tort, apology and eliminate the impact, and compensation for economic losses of 5 million yuan.

Qihoo 360 accused of abusing market dominance

It is understood that in the trial, the two sides on the scope of the market, whether the market dominance, whether there is abuse of market dominance of the behavior and other issues of intense debate.

Rice technology pointed out that, according to the anti-monopoly law, an operator in the relevant market share of One-second, can be presumed that the operator has a dominant market position, "360 mobile phone guards" in the Chinese mainland mobile phone security market occupies a dominant position in the market.

Rice Science and technology, "360 Mobile guardian" for including the plaintiff to enter the Chinese mainland mobile phone app market software to intercept, suppress, software operators must make complaints, reports, after review, for compliance with its requirements of the software to remove interception, otherwise, the software can not be used normally. Such conduct is a case of restricted competition expressly prohibited by the Antimonopoly Act.

"This behavior has seriously hampered the use of High-tech, innovative mobile phone applications, represented by plaintiff products, into the mobile app market, and has largely restricted the normal dealings between the plaintiff as a software operator and a mobile user who acts as the counterpart of the transaction." "Rice-time technology said.

Rice time technology also thinks, Qihoo 360 another product "360 Secure Address Book", and "easy Rice", "Mi King" two products are based on mobile phone address book and research and development of software, the related products are similar products, the original defendants have a competitive relationship, Qihoo 360 has abused the market dominance, The subjective malice that restricts competition.

Qihoo 360 denies dominance of the market

It is reported that in the trial, Qihoo 360 said, "360 mobile phone guards" only 30%-40% of the market share, does not have the market dominance. But at the end of the trial, the reporter asked Qihoo 360 lawyers to comment in detail, but the other side refused to be interviewed.

Then the reporter contacted Qihoo 360 's Ministry of Law and Public Relations, its public relations to reporters sent a "about the rice Technology v. 360 mobile phone defender interception of spam message case."

The note said that the rice company's "Yi-mi-piece" issued by the SMS was 360 mobile phone guards for a short period of interception, because its message contains unknown links, very consistent with spam messages and even Trojan virus characteristics. This behavior is similar to the previous outbreak of the Super Mobile virus "XX artifact" spread way, so triggered the 360 mobile phone defender's smart interception rules. At the same time, there are some users manually to their spam message report.

The statement pointed out that the "easy rice slice" of suspected spam messages, but also by Tencent mobile phone butler, Sogou number, such as a similar function of the software interception. After communication, in the "easy rice slices" to modify the relevant text messages and send the way, 360 no longer the text as a spam message.

The statement also pointed out that the mobile phone security software industry has 360 mobile phone guards, Baidu mobile phone defender, Jinshan mobile phone poison PA, Lbe and other enterprises competition.

It is noteworthy that the two sides of the "market dominance" of the confrontation, highlighting the new era in the context of the Internet to identify market dominance and abuse has become a difficult point in the current judicial. After the end of the "3Q War", the "3-metre war" is expected to add new practice to antitrust justice in the field of mobile Internet.