In February 2, 2021, tiktok filed a petition with the Beijing intellectual property court to prosecute Tencent monopoly.
Tencent: byte beat, will sue the other party for illegal infringement
Tencent tiktok tiktok said that it had not received any relevant materials from the company.
Tencent and its products follow the concept of fair competition and open cooperation to provide services for users and third-party products. The company's related accusations are totally untrue and malicious.
Bytes of tiktok, including the jitter, get the WeChat users' personal information illegally and violate platform rules through various unfair competition methods, have been stopped by the court for many prohibitions.
There are still many violations of the platform ecology and the rights and interests of users in China and other related companies. We will continue to file lawsuits.
In a statement, the trembling voice said that the financial and medical creators are highly risky because of their special industry. They often sell dangerous lessons by means of drainage, such as WeChat, QQ and other platforms. They tiktok illegally and share illegal practice. They may cause damage to the property and personal safety of the users. To protect users' rights and interests, tiktok starts the rectification action, and prohibits the drainage of financial and medical vertical class creators.
Except for financial and medical services, other users and creators are not affected and can leave their contact information on their personal homepage. Please pay attention to screen users, do not listen to rumors.
Beijing News shell finance reporter Bai Jinlei editor Yue caizhou school to Liu Baoqing
How much is the impact of antitrust on Tencent: WeChat or Taobao and tiktok?
An Internet anti-monopoly guide issued by the State Administration of market supervision points directly to major Internet platforms, which has brought a heavy blow to science and technology stocks.
Affected by this, Hong Kong listed technology stocks plummeted on Tuesday, and the Hang Seng technology index once fell nearly 7%.
Among them, meituan once plummeted by more than 13% and closed down by 10.5%, close at HK $300. Jingdong closed down 8.8%, the biggest intraday drop since its listing. Alibaba closed down 5%. Tencent fell more than 4% and its share price fell below HK $600.
For Tencent, the main influence of the anti-monopoly guide focuses on whether there is a refusal to trade.
CITIC Securities believes that the "anti monopoly guide" may have an impact on Tencent's wechat business, while its impact on games, advertising, finance and other businesses is expected to be limited.
In other businesses, games, as a single product rather than a platform, are not suitable for the "anti monopoly guide"; Tencent's advertising business in 2020q2 has a revenue of 18.55 billion yuan. According to iResearch's data, the domestic online advertising market in 2020q2 has reached 167.89 billion yuan, Tencent's advertising business has not reached a dominant position in the market, and the Internet advertising field still maintains a market-oriented pricing system; In the financial and enterprise service business, Tencent has not monopolized or dominated the market in payment, credit and cloud business.
If the ban on wechat sharing is lifted in the future, CITIC expects to further boost the activity of wechat platform, with limited negative impact.
From tiktok, its user volume and influence can compete with WeChat, and it is difficult to obtain new traffic further through WeChat. From Alibaba, WeChat will divert Taobao platform traffic as a traffic entrance material, and Alibaba will access the WeChat small program e-commerce system, or will lead to the development of Tencent trading ecosystem.
Ali yuewenfeng nest fined 1.5 million! Why did the anti monopoly law come to the Internet after 12 years
Internet anti trust law enforcement breaks the ice.
On December 14, the State Administration of Market Supervision announced three cases of failing to declare in accordance with the law. Ali, Yuewen and Fengchao were each fined 500000 yuan for violating the anti-monopoly law. The relevant person in charge of the antimonopoly Bureau of the State Administration of the people's Republic of China said that although the amount of the fine is low, it will send a signal to the society to strengthen the antimonopoly supervision in the Internet field.
According to Nandu reporter, this is not only the first case of punishing illegal concentration of operators on the Internet, but also the first case of anti-monopoly law enforcement in the whole Internet field.
Why is it that the anti monopoly law has been implemented for 12 years and is now facing the Internet for the first time? Will the Internet antitrust regulation be stricter in the future?
Why does Internet antitrust law enforcement break the ice now?
On December 14, the State Administration of Market Supervision announced that Alibaba's investment in the acquisition of Yintai business, Tencent's holding company Yuewen group's acquisition of Xinli media, and the acquisition of sunfeng's affiliated company Fengchao network's acquisition of Zhongyou Zhidi were fined 500000 yuan each for failing to declare in accordance with the law.
According to reporters from Nandu, this is the first time that the State Administration of market supervision has imposed an administrative penalty on the Internet platform for failing to declare the implementation of business concentration according to law. According to the current anti-monopoly law, if an enterprise illegally implements concentration of business operators, it can be fined less than 500000 yuan. In other words, the three enterprises are facing top punishment.
The top penalty revealed the attitude of the regulatory authorities.
Gu Zhengping, a lawyer from Anjie law firm, told Nandu that law enforcement agencies have been paying close attention to competition in the Internet field in the past, and have promoted some law enforcement actions with an inclusive and prudent regulatory approach. These three cases reflect a significant change in the regulatory thinking of law enforcement agencies.
So, why did the anti-monopoly law come into force in 2008 for the first time?
Yu Zuo, a professor at Northeast University of Finance and economics, believes that this is related to the fact that some Internet anti-monopoly behaviors are complex and it is difficult to identify hidden behaviors of enterprises, including how to scientifically define relevant markets in the case of bilateral markets. However, as the market power of Internet enterprises continues to expand and extend to many fields, some enterprises hold massive data and have great market power, which may damage the interests of competition and consumption. Therefore, there is a trend to strengthen supervision all over the world.
According to Yuan Jia, an associate professor of Law School of Sichuan University, the reason why the anti-monopoly law has been implemented for 12 years is that it seldom investigates and deals with cases involving the Internet field, on the one hand, it is related to the development stage of Chinese Internet enterprises, on the other hand, it is also related to the difficulties faced by the theoretical and practical circles of anti-monopoly law in the study of the competitive characteristics and monopoly judgment in the Internet field. Even in the United States and the European Union, where anti-monopoly law enforcement has a history of several decades, such issues are relatively cutting-edge and complex.
The central government set the tone to strengthen anti-monopoly and supervision
In fact, the Nandu anti-monopoly research group found that there are signs to follow at the policy level to strengthen anti-monopoly.
The guidance of the general office of the State Council on promoting the healthy development of platform economy issued in August 2019 clearly innovates the concept and method of supervision and implements inclusive and prudent supervision. At the same time, it is required to investigate and deal with illegal behaviors such as abusing market dominant position, restricting trading and unfair competition in the Internet field according to law, forbid the platform to sign exclusive service supply contracts unilaterally, and ensure that market subjects related to platform economy participate in market competition fairly.
Recently, the signal of stricter supervision has become stronger.
On November 6, the State Administration of market supervision and other three departments jointly held an administrative guidance meeting on standardizing online economic order, inviting representatives of 27 major Internet platform enterprises to attend the meeting.
In response to a reporter's question, the main person in charge of the antimonopoly Bureau of the General Administration of the people's Republic of China disclosed some details of the meeting, that is, at the meeting, it was made clear that the concentration of business operators involving the agreement control structure was also applicable to the antimonopoly law, and should be declared and subject to antimonopoly review according to law, and the relevant enterprises were required to sort out the suspected illegal implementation of concentration of business operators.
In other words, as early as a month ago, 27 major Internet platform enterprises including Alibaba, Tencent, byte beat, meituan, Jingdong, pinduoduo, Baidu and so on, which participated in the meeting, had received prior supervision. However, according to the person in charge, in the process of reporting verification and asking for self-examination, some enterprises can take the initiative to cooperate, and some enterprises ignore or hide it.
In this regard, the State Administration of market supervision said that the public punishment of the three operators is expected to guide and educate the operators to carry out production and operation in accordance with the law, and report to the State Administration of market supervision in advance in accordance with the law, so as to avoid illegal concentration of operators without reporting in accordance with the law and reduce the risk of violations.
The climax of strengthening anti-monopoly supervision appeared last Friday. On December 11, the Political Bureau of the CPC Central Committee held a meeting to analyze and study the economic work in 2021. The meeting called for strengthening anti-monopoly and preventing disorderly expansion of capital. Three days later, the State Administration of market supervision disclosed three cases of failing to declare in accordance with the law, and issued anti-monopoly tickets to Internet enterprises for the first time.
All kinds of signs show that it is not by chance that Internet anti-monopoly law enforcement breaks the ice. The antimonopoly Bureau of the State Administration of market supervision said that although the competition in the field of platform economy presents some new features, the Internet industry is not outside the antimonopoly law. All enterprises should strictly abide by the antimonopoly laws and regulations and maintain fair competition in the market. Only in this way can the healthy development of the whole industry be ensured.
Looking at the world, it is a trend to strengthen the Internet anti-monopoly supervision.
On October 22, the U.S. Department of justice, together with 11 state attorneys general, announced a lawsuit against Google. This is the largest antitrust lawsuit in the United States in more than 20 years since the Microsoft monopoly case in the last century. Then Facebook became the second technology giant to be sued. On December 9 local time, the U.S. Federal Trade Commission and 48 state and district attorneys general announced the prosecution of Facebook.
Outside the United States, other major countries have joined the anti-monopoly camp to investigate GAFA. According to the search of public reports and circulars issued by national anti-monopoly law enforcement agencies, the Nandu anti-monopoly research group found that from 2017 to December 10, 2020, GAFA encountered at least 111 anti-monopoly investigations and disputes in 18 countries and regions around the world.
Yuan Jia, who has long been concerned about anti-monopoly in the digital economy, observed that in recent years, law enforcement agencies and regions in various countries have successively released a number of research reports related to anti-monopoly in the field of Internet. China's anti-monopoly scholars and law enforcement officials have also actively participated in many discussions on Anti-monopoly Issues in the field of Internet or digital economy, accumulated certain research results, and are expected to implement the anti-monopoly law in the future And play a greater role in the process.
Product: Nandu antitrust research group
Interview: Li Ling, reporter of Nandu, Huang Liling