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In Competition

The Supreme Court Goes Online with Anti-Monopoly Law Principles

15 November 2014

In a recent article on China Law Insight, colleagues from our Beijing office have written about the recent Supreme Court decision of Qihoo v Tencent. Susan Ning, Peng Heyue, Yang Yang, Qiu Weiqing, Sarah Eder, and Guo Shaoyi note that as the first private action in relation to abuse of dominance heard by the Supreme Court, the case is by no means the most straightforward, particularly given:

  • the complicated facts,
  • the multitude of data, and
  • the fact that the online business model is somewhat different from conventional industries.

As such, the  case is certainly not a text-book example of abuse of dominance private actions, with simple facts and a straightforward application of the law. In their article, Susan, Kate and their team consider the facts underlying the dispute as well as the Supreme Court’s approach to fundamental principles of anti-monopoly law, in particular in the context of abuse of dominance, which offers guidance and rules for future anti-monopoly litigation, especially those concerning abuse of dominance.

Read the full article here.

Photo credit:  Susan Nilson, Message in a bottle, Flikr CC BY-SA 2.0

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