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The internet enterprise innovation and antitrust control policies - get 360’s complaints in tencent’s abuse of domination in market position as an example

Jiang Yanbo

Innovation is the vitality for enterprises, especially for the Internet companies. In March 2013, the "Tencent" ruling from the high court in Guangdong province got Tencent’s Market behavior for investigation. namely whether the "alternative" constitutes exclusive transaction and sell behavior have the anticompetitive effect, or have a competition to promote reasonable analysis of effect and efficiency to enhance effect. The conclusion on the basis of this unavoidably be questioned because of the lack of scientific nature. To determine whether a Internet enterprise's behavior constitutes an abuse of dominant market position, and whether we need to take responsibility of anti-monopoly law, the first thing you need to understand is whether the Internet business model is generally used to enterprise technology innovation, market competition and efficiency. Second, Tencent don't have the obligation to competition law on product line, so the "alternative" behavior without criticism. Although the antitrust issues of Internet industry will meet the new situation, but not enough to overturn all the logic to antitrust regulation. Have the exclusive controlling to the Internet enterprise behavior, we have to stick to the principle of prudent regulation.