Howard Chang, David Evans, Vanessa Yanhua Zhang, Dec 30, 2013
In one of the most significant antitrust decisions since China implemented the Anti-Monopoly Law in 2008, the Guangdong High People’s Court dismissed claims on anticompetitive bundling and exclusionary practice brought by Qihoo 360 against Tencent. The Guangdong High Court issued an 80-page decision that provided a relatively sophisticated and nuanced analysis of market definition and market power that examined internet-based competition, recognized the importance of multi-sided platforms in this competition, and highlighted the critical role of dynamic competition.
Although Qihoo 360 has appealed the decision to China’s Supreme Court it now stands as both a landmark decision in China and an exemplar of serious antitrust analysis of the internet sector for courts and competition authorities around the world.
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