Xu Shuqing V Tencent Antitrust Case Analysis

"Emoticon package case" is another typical case after "Qihu v.Tencent case" involving "abuse of market dominant position" of Internet enterprises in judicial practice in recent years.This case is the continuation of "Qihu v.Tencent" in judging the dominant market position of Internet platform enterprises,reflecting the consistent attitude of the highest judicial organ in China.However,based on the particularity of the expression pack case,the retrial ruling also makes some innovative arguments,which has great guiding significance for the application of the anti monopoly law in the Internet field.The focus of the dispute in this case mainly lies in whether the definition of the defendant’s relevant market is correct,whether the defendant has a dominant position in the market and whether there is any abuse of the dominant position in the market.By focusing on the dispute focus of the case,it can be determined that the concept of "relevant market" under the particularity of the Internet industry should be more clearly defined,and it can be concluded that the market environment has become a new factor in determining the dominant position of the market.On this basis,we should further establish and improve the Internet anti-monopoly laws and regulations,realize the platform benign competition,promote the healthy development of the rule of law economy,and constantly promote the "good law and good governance" of the Internet economy.