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Reflection of Anti-monopoly Law Caused by Tencentqq Abuse of Market Dominance

Author: ZhaoChun
Tutor: XuMingYue
School: Chongqing University
Course: Legal
Keywords: Tencent QQ Internet Antitrust Dominant market position
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 327
Quote: 0
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Abstract


Legal norms with the functioning of society and the social role of behavior, social life, unable to leave the legal Similarly, the Internet is also closely linked with people's lives can not be separated from the law. November 2010, Tencent QQ and Qihoo 360 between network disputes with the attention of the community, Tencent QQ QQ software allows users to use to make a choice between the 360 ??software. It is in the instant messaging market and the internet market structure of the the instant communications collar nearly Tencent QQ is in the dominant position of innovation monopolies, dominant market position in the instant messaging market, this allows users to \the instant messaging market monopoly power through exclusionary behavior extends to adjacent competitive market, the behavior of this market foreclosure serious damage free competition in the market, and are subject to antitrust laws under the abuse of market dominance behavior. Tencent QQ such acts had to let us reflect on in the Internet industry and the Internet economy, a hundred years ago the industrial economy antitrust rules can continue to apply to and to play a role. The answer is yes, the anti-monopoly law is the basis of the market economy, constitutional regulations, maintenance of free competition system, economic efficiency and growth of public welfare are inseparable from the anti-monopoly law, it should apply to all market players as well as the trading behavior of market players, regardless of the market players belong to the industry. In the Internet industry, due to the presence of network externalities and switching costs, the market structure has a monopoly characteristics, especially prone to a dominant market position, but dominant market position is not anti-monopoly law focus of antitrust Law of concern is whether the operators of the abuse of a dominant market position to hinder competition. Effective anti-monopoly law implementation of the system is an important guarantee for achieving the antitrust goal to Internet monopoly regulation, the Chinese anti-monopoly law implementation system should be the implementation of the public force, the implementation of the self organically combined, and should focus on the private force implementation Construction of the system. Should legislate for the characteristics of the Internet, to establish the antitrust implementation guide for Internet companies as well as antitrust restrictions. Promote the growth of social welfare and the interests of consumers is the ultimate goal of the anti-monopoly law, in view of the weak domestic antitrust legislation on the protection of the interests of consumers, the antitrust laws in the implementation process, should strengthen the protection of the interests of Internet users.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Business Economics and Management Act
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