Case sets precedent for antitrust disputes in China, particularly on how to define the relevant market, and assess market dominance and abusive conduct.

Introduction –

On 16 October 2014, China’s highest court announced its decision in the landmark antitrust case between internet companies Beijing Qihoo Technology Co. Ltd. (Qihoo) and Tencent Technology (Shenzhen) Co. Ltd and Shenzhen Tencent Computer System Co., Ltd (collectively, Tencent). This is the Supreme People’s Court’s (SPC) first decision under China’s Antimonopoly Law (AML) since it came into effect in 2008.

Background –

Qihoo is a leading provider of anti-virus and security software in China, known for its anti-virus program, 360 Safeguard. Tencent is a leading provider of comprehensive internet services in China, known for its social networking, micro-blogging, and instant messaging software platforms such as WeChat, Weibo and QQ.