Case Analysis On Tencent Litigation360Unfair Competition

Acts of unfair competition to the main players in the market regardless of professional ethics, and the unscrupulous to engage in competition to disrupt the market order. China’s market economy, after years of development occurred in very large changes, there has been some new situations and new problems, such as Internet companies competing monopolies and commercial defamation and other issues involve acts of unfair competition.In September2010,360introduced a specific QQ instant messaging tool "privacy protection", said Tencent QQ software to peep user privacy. For the behavior of360, Tencent quickly respond to and taken to court asking360to stop infringement, a public apology and compensation. Since then, Tencent relying on its own monopoly position in the Internet market to force the users of its software and360software forced choice. After the intervention of the Ministry of Industry and other government departments, the two companies were to apologize to their own practices and restore the compatibility of the software. April26,2011, Court of First Instance judgment:decree360companies, the accused defendant to stop the issue of the use involved360privacy, delete related sites involved in infringing content,360Home and legal Daily public apology on the30th, and the plaintiff compensation for loss of400,000yuan.360filed an appeal after the court of second instance was upheld.Start from this case, the first statement of the case process as well as court decisions and the basis of the case,.Leads to several issues to be analyzed in the present case:the behavior of monopolistic practices and unfair competition; In addition to the monopolistic behavior Tencent and360other acts whether enough has become unfair competition; the two acts of unfair competition in violation of commercial competitorsat the same time violation of the legitimate interests of ordinary consumers. Thinking which leads to the following questions, monopolistic practices and unfair competition in the contact, how to protect the legitimate rights and interests of consumers in cases of unfair competition, how should the government intervene in cases of unfair competition, unfair competition, legislative proposals.