Supreme People's Court upheld 360 defeat

Absrtact: October 16 News, the Supreme People's Court at 9:30 A.M. to Beijing Qihoo Technology Co., Ltd. sued Tencent Technology (Shenzhen) Co., Ltd., Shenzhen Tencent Computer System Co., Ltd. abuse of the market dominance dispute case, the public verdict. The court ruled that

October 16 News, the Supreme People's Court at 9:30 A.M. to Beijing Qihoo Technology Co., Ltd. sued Tencent Technology (Shenzhen) Co., Ltd., Shenzhen Tencent Computer System Co., Ltd. abuse of the market dominance dispute case, the public verdict. The court ruled that the first instance judgment found the facts to be improper, but the applicable law was correct, the referee's result was appropriate, dismissed the appeal and upheld the original decision.

The Supreme People's Court believes that to judge whether the operator constitutes abuse of market dominance, it is necessary to comprehensively assess the negative effects and possible positive effects of its behavior on consumers and competition. The focus of antitrust law is not on the interests of individual operators, but on whether the healthy market competition mechanism is distorted or damaged. The evidence available in this case is not sufficient to support the conclusion that the appellant has a market dominance. The appellant's appeal for an abuse of market dominance by the appellant was not tenable and the court did not support it.

Qihoo 360 v. Tencent Monopoly case originated in the "3Q War" in November 2010. As the two sides in the product dispute, Tencent announced November 3 in the 360 software installed on the computer to stop running QQ software, users must uninstall 360 software to login QQ. April 18, 2012, 360 in Guangdong Province High Court to prosecute Tencent abuse of market dominance, and claim 125 million yuan.

March 28, 2013, Guangdong Province High Court made a first-instance ruling, found that Tencent forced users to "two election one" approach is restricted trading behavior, but because the court also found that Tencent does not have a dominant market position, so that its behavior does not constitute abuse of market dominance. 360 The company appealed to the Supreme People's Court against the verdict and claimed 150 million yuan to Tencent.

November 26, 2013, 360 v. Tencent abuse of market dominance case, the second trial in the Supreme People's Court session. (Zhou)