China Internet first antitrust case to go to war: 3Q each other, 'compliment'Qihoo hire an expert witness David Stallibrass (left) yesterday appeared in the Guangdong High Court courtroom, Qihoo said it has served as director of the UK Office of Fair Trading in London, but Stallibrass authenticity was questioned Tencent, the final court finds the Stallibrass identity. If you say that a year and a half ago, Qihoo 360 (NYSE :) and Tencent (0700, HK) opt irrational, shirtless detonated China's largest Internet fights just the beginning, so now, \u0026 ldquo; 3Q war \u0026 rdquo; declare to the second quarter wear sections suit, speak the truth in court. April 18, the high-profile Nike Air Max 95 DYN FW prosecution Tencent, Qihoo 360 in \u0026 ldquo; 3Q war \u0026 rdquo; abuse of market position to force users to uninstall the 360 software during a case, the Guangdong Provincial High Court hearing a public hearing. The case indemnity amount of up to 150 million yuan, which is also known as the first antitrust case in the history of China's Internet. The first trial lasted nearly 10 hours that day came to an end when, in court pending the outcome of the second instance trial by the court fix a day as the case. It is worth mentioning that around \u0026 ldquo; 3Q war \u0026 rdquo; the remaining topics in the first quarter, a series of lawsuits between the two companies are being progressed, Qihoo 360 prosecution Tencent antitrust hearing on the occasion, Tencent sued \u0026 ldquo; 360 these bodyguards \u0026 rdquo; a case also has been the Guangdong Provincial Higher People's Court formally opened proceedings amount of compensation 125 million yuan. Qihoo 360 Tencent sued hearing, investors do not be intimidated. Yesterday, Hong Kong stocks hit a record high of Tencent, Tencent market capitalization of HK $ 422.068 billion. The same day, Tencent shares rose 3.41 percent to close at HK $ 236.8. Qihoo 360 claims for 150 million yuan of the trial in at 9:00 on the 18th start on time, the plaintiff Beijing Qihoo 360 Technology Co., Ltd. (hereinafter referred to as \u0026 ldquo; Qihoo 360 \u0026 rdquo;) first read the complaint, listed three causes of action: \u0026 ldquo; a Tencent market competitive purposes, in \u0026 lsquo; 3Q Wars \u0026 rsquo; in unauthorized suspend user services, the use of monopoly \u0026 lsquo; choose one \u0026 rsquo ;, to Qihoo 360 has caused tremendous damage; Second, Tencent abuse of market dominance monopoly , depriving the user customize the right to choose, seriously undermined the market environment of fair competition, also hit its behavior, suppress innovation and entrepreneurship for SMEs Internet industry; Third, Tencent QQ software housekeeper and instant messaging software QQ bundled, and to upgrade the QQ software housekeeper nominal installed QQ doctor, abuse of market dominance harm competitors, in violation of the 'anti-monopoly law' requirement. \u0026 Rdquo; Qihoo 360 pursuant to the requirements of Tencent, stop monopolistic behavior, compensation for economic losses of 150 million yuan, and published in the media, public apology. The defendant Tencent Technology (Shenzhen) Co., Ltd. and Shenzhen Tencent Computer System Co., Ltd. (hereinafter referred to as the unified \u0026 ldquo; Tencent \u0026 rdquo;) requires the court to dismiss all claims 360. Qihoo 360 litigation logic is: Tencent has a dominant position in the relevant market; Tencent advantage of this position was to limit transaction and tying transactions; the behavior of a competitor Tencent damage. Tencent's lawyer yesterday refuted one by one. Dispute \u0026 ldquo; market dominance \u0026 rdquo; in fact found, the trial date in the first session that is \u0026 ldquo; market dominance \u0026 rdquo; on the finds had been deadlocked. \u0026 Ldquo; I am on the court to remind you not to get too tense, a problem will not decide winners and losers. \u0026 Rdquo; yesterday's hearing, presiding judge repeated control agents speak both parties. \u0026 Ldquo; a problem \u0026 rdquo; whether it is referring to a dominant market position, which is the premise of antitrust litigation established. According to 'People's Republic of China Antimonopoly Law' (the 'Antitrust Law'), Article 19 of the estimated market share of dominant Nike Air Max 95 360 market position operators must correctly define the relevant market as a precondition. Thus, for \u0026 ldquo; the relevant product market Nike Air Max 95 DYN FW \u0026 rdquo; the definition of the key concepts of the two sides at loggerheads over the day has become a focal point, because it Nike Blazer Womens is directly related to the estimated size of the market share of the defendants. Qihoo 360 believes that the case of the relevant product market is \u0026 ldquo; instant messaging software and services market \u0026 rdquo ;, and stressing the relevant geographic market for the Chinese mainland market, \u0026 ldquo; instant messaging software and services in China have a strong independence . Instant messaging software and services in the user language, users significantly different preferences, network infrastructure and Internet legal restrictions and other aspects of extraterritorial market, making the market area and the outside markets and cut off entirely. \u0026 Rdquo; Tencent then made three argue that the definition of 360 \u0026 ldquo; too narrow \u0026 rdquo ;. Tencent said China's instant messaging is not just IM clients also include \u0026 ldquo; e-mail, social networking sites, microblogging and other forms of instant messaging services web \u0026 rdquo ;; traditional types of communication services (such as fixed telephone, SMS and mobile) and I'm also belong to the same relevant market; third, Tencent cited some Chinese Internet Network Information Center (CNNIC) report points out, \u0026 ldquo; instant messaging is no longer a simple chat tool, it has been a success integrated platform for the exchange of information, entertainment, business office, customer service and other features. \u0026 Rdquo; Tencent lawyer emphasized, QQ IM are not only a product, but also a comprehensive platform. Mutual \u0026 ldquo; compliments \u0026 rdquo; the other position with the \u0026 ldquo; the relevant product market \u0026 rdquo; on the issue of the definition of a heated argument different yes, right \u0026 ldquo; who occupy the market is definitely share \u0026 rdquo; this title, Qihoo 360 and Tencent and each other \u0026 ldquo; humility \u0026 rdquo; up. 'Antitrust Law' Article 18 identify dominant market position should be based on the operator's market share in the relevant market, the competitive situation of the Air Jordan 7 relevant market, the operator control, the operator's financial and technical conditions surrounding the market, other determine the operator of the operator dependence on the transaction, other operators to enter the relevant market factors such as the degree of difficulty. 'Antitrust Law' Article XIX also provides a simple way to identify a dominant position, an 2015 Latest Nike Shoes operator's market share in the relevant market to reach half of it is presumed that its dominant market position. Qihoo 360 attorneys listed its collection, the market accepted the report on Tencent market share, declared: \u0026 ldquo; Tencent currently 10 million users, active users to 700 million, while online more than 1 million long occupied the instant messaging market close 70% share. \u0026 Rdquo; Tencent this very humbly pointed out the other seniors and brothers on the market, \u0026 ldquo; initially Tencent and dozens of the same type of product competition, and later joined a growing number of competitors in this market, only in 2011, China IM market will have 360 message, grand Youni, Apple's iMessage, Unicom fertile friends, chat to fly China Mobile, the Company's Instant Messenger and other dozen new products, not to mention flying letters, Ali Want, Baidu Hi, YY voice wait for other IM users million products, and m chat, Sina Weibo and other new applications. \u0026 Rdquo; Air Jordan 12 Interestingly, Tencent lawyer stressed \u0026 ldquo; I'm a dynamic, highly competitive market \u0026 rdquo; at the same time, and also strongly Christine Popovich Tiger 360 \u0026 ldquo; in the domestic Internet security services stood out \u0026 rdquo;, \u0026 ldquo; odd tiger nearly 400 million Chinese Internet users to provide Internet and wireless security products and services, is also suspected of a dominant position it \u0026 rdquo;? before the moment still belligerent sides, at this time and opt for a low-key humility turn, could not help laughing site observers.