MRLC Series Lecture Phrase Ⅱ“the Interpretation of the Supreme Court’s Final Judgment on 360 v. Tencent Antitrust Case”was held in Law School of RUC
2014.10.24
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2014.10.24
MRLC Series Lecture Phrase Ⅱ“the Interpretation of the Supreme
Court’s Final
Judgment on 360 v. Tencent Antitrust Case”started at 9am on October 10th,2014 ,in Room 3303 of the Third
Public School Building of Renmin University(RUC). Associate professor Meng
Yanbei of RUC Law School hosted this lecture, and associate professor YAO
Haifang of RUC Law School was invited to be the commentator while lawyer ZHAO
Ye, a partner of DeHeng Law Offices, who personally involved in 360 v. Tencent
Antitrust Case, was invited to be the speaker of the lecture. Lawyer Zhao
interpreted the court’s rulings on each point involved as well as the influence
and significance of the case in detail and deeply for Law School students.
Lawyer ZHAO Ye introduced both parties, 360
and Tencent, and their competitive relationship at first. Afterwards, he
started the in-depth analysis of the Supreme Court’s final judgment on 360 v.
Tencent Antitrust Case. Lawyer ZHAO regarded this judgment as one of the most
excellent antitrust and intellectual property rights rulings in Chinese
history. And then he analyzed this case from three aspects, which respectively
were relevant market definition, market dominant position definition, and
identification of abuse acts. More than the viewpoints of both parties and
analysis of the court’s ruling, he also shared his evaluation and reflection on
this case.
Subsequently, associate professor YAO
Haifang expressed his views mainly on defining bilateral markets and economics
and law-economics’s importance to antitrust law research. In the end, associate
professor MENG Yanbei made a conclusion on this lecture. She firstly approved
of lawyer ZHAO’s pragmatic perspective on antitrust issues. Apart from that,
she gave opinions on the status of relevant market definition and market
dominant position definition in antitrust case.
The judgment of the case’s second instance,
with a total amount of more than 70 thousand words, discussed the central
issues such as relevant market definition, market dominant position
identification, establishment of abuse acts and existence of just reasons step
by step according to the analytic framework of abuse of dominant position that
Chinese Anti-monopoly Law provides. In addition, it gave logic and clear
opinions on the judgment of the first instance. Hence, it’s certain to be one
of Chinese classic antitrust cases, and it let China’s voice be heard on the
international stage and show the professional level of Chinese courts as new
important antitrust jurisdictions. To Law School students who are interested in
antitrust law, this lecture will surely lead them to a more deeply thinking of
this extensive and profound law.