The Chinese Supreme Court issues the first decision based on economic analysis under Anti-Monopoly Law (Qihoo / Tencent)

On October 16, 2014, the Chinese Supreme People’s Court (SPC) announced its ruling on the landmark antitrust litigation brought by Qihoo 360 against Tencent. The decision marked the SPC’s first ruling on a matter filed under China’s Anti-Monopoly Law (AML), which came into effect in August 2008. The SPC affirmed the decision of the Guangdong Province People’s High Court (High Court) that Tencent did not have market dominance in the provision of instant messaging (IM) services in China and the complained of conduct had not violated the AML. However, the SPC differed sharply with some of the approaches the High Court took, particularly with respect to the definition of the relevant markets. The High Court found Tencent not dominant because of its low market share, which was derived from a

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Sharon Pang, The Chinese Supreme Court issues the first decision based on economic analysis under Anti-Monopoly Law (Qihoo / Tencent), 16 October 2014, e-Competitions Bulletin October 2014, Art. N° 71285

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