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Why is the antitrust definition of touteng war so confused?

via:博客园     time:2021/2/8 19:49:08     readed:191

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Article / Lutuo Society

Source: Zijinshan Technology (ID: Zijinshan 2013)

Defining the boundary of a market in the crisscrossing Internet field is an examination question for the regulatory authorities.

Since the 2018, with the rapid and vigorous occupation of Internet users by the tiktok, the byte beating and Tencent have started to clamp down on each other's hard fought and public opinion.

By the end of 2020, the company's tiktok, including today's headlines, multi flash, watermelon videos and jitter, had been in a number of rounds of judicial competition with Tencent, such as WeChat, QQ and other platforms, such as WeChat, Beijing and Tianjin, on unfair competition, infringement and monopoly.

Eventually, tiktok filed an anti trust lawsuit against the court on 2 February 2021, saying that the tremble was banned by WeChat and QQ tiktok for three years and claimed 90 million yuan to Tencent.

In the internet war with monopoly as the focus, Tencent's fight against 360 ten years ago was the first one.

01

There is a striking similarity in the history: QQ in 2010 and wechat in 2021 are both based on the strong social ecology established for more than ten years, firmly locking the largest mobile Internet user group.

The game focuses on monopoly.

The 3Q war in 2010 finally ended in 2014. At that time, the Supreme Court fully reasoned with a judgment of nearly 80000 words, determined that QQ software did not have a dominant market position, rejected 360's appeal and upheld the judgment of the court of first instance.

This time, when China's Tencent is on the move, WeChat has already occupied a higher position than QQ: WeChat App, the Chinese Internet ID card, has more than one billion active users in the month. Countless applications and platforms are bound to tiktok. How can we define monopoly? How to carry out antitrust supervision?

It's almost another big test for regulators.

Whether it is the 3Q war ten years ago or the touteng duel today, it reflects the fact that monopoly and anti-monopoly are constantly playing on the Internet platform.

In 2020, the rapid expansion of Internet applications is in sharp contrast to the increasing supervision.

In the critical period of national epidemic prevention and control, Ali Alipay team only developed a health code project in 7 days, and quickly spread it to the whole country. More than ten updates were held before and after the Tencent conference to support remote meeting requirements; Baidu AI The rapid detection of multi person body temperature can be realized within 10 days from research and development to online operation; the rapid development of more Internet enterprises in online fresh food, online medical treatment, online education and online office effectively solves the livelihood and livelihood problems under the epidemic situation.

But the other side of the rapid expansion of these businesses is the phagocytosis of traditional business by Internet platform, and the squeeze of algorithm and technology on employees.

Whether WeChat or trembling, or public comment, the United States, Xiao Hong, etc., a tiktok App To build up enough influence in traditional industries, we should first use free basic services to attract a large number of users, then use the accumulated user flow to operate value-added services and advertising to achieve profits, and then use this profit to support the development of free services, continue to expand the flow and form a sucker effect.

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In the face of these Internet apps extending their tentacles to many industries, it has already formed a phenomenon that they touch all aspects of people's lives

This seems to mean that in the field of Internet, there is a lot of fog to accurately define the boundary of a market.

02

Touteng battle in the eyes of political and legal circles

According to Article 19 of the anti monopoly law, if an operator's market share in the relevant market reaches 1 / 2, it can be presumed that it has a dominant market position, but in some cases, this presumption can be overturned.

So what do the legal profession say?

In the communication with Zijinshan technology, Deng Qianqiu, a lawyer of Beijing Zhongwen law firm, gave a rigorous analysis: it is an important link to determine whether wechat has a dominant market position and to define the market involved in the case.

Therefore, in order to determine whether Tencent has a dominant position in the market, in addition to examining the market share, we also need to consider the market competition, Tencent's financial and technical conditions, Tencent's ability to eliminate competition, the degree of dependence of other operators on wechat transactions, and the degree of difficulty for other operators to enter the relevant market to determine whether Tencent has a dominant position in the market Make a comprehensive judgment.

From the perspective of lawyer Deng Qianqiu, in 2010, Internet communication and social networking were in the ascendant. The market competition in the field of instant messaging was very fierce. Now instant messaging tools have developed into a comprehensive platform integrating communication, social networking, information sharing and commodity or service trading. The characteristics of concentrated market share and winner take all are very obvious.

Secondly, from the perspective of the current legal and policy environment, the central economic work conference at the end of 2020 proposed to strengthen anti-monopoly and prevent disorderly expansion of capital. The State Council's anti-monopoly committee formulated and issued anti-monopoly guidelines in the field of platform economy. The supreme law also stressed the need to strengthen judicial anti-monopoly and anti unfair competition.

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No matter the serious analysis or the popular metaphor, the Tencent has been listed as a pivotal event by the political and legal circles tiktok.

Zhao Zhanzhan, a special researcher at the intellectual property research center of China University of political science and law, told the official media that the case will have a great impact on the closure or opening up of the entire Internet industry in the context of the central economic work conference regarding anti-monopoly and anti unfair competition as one of the eight major economic tasks this year.

Not only the Internet, but also the judiciary are waiting to see.

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