互联网领域滥用市场支配地位的法律.分析——兼评360诉腾讯案一审判决.pdfVIP

第四部分为互联网领域滥用市场支配地位的认定：（一）阐述了市场支配地位的含 义及其原则，包括本身违法原则和合理原则。（二）运用合理原则对腾讯是否存在滥用 市场支配地位进行深入分析，根据不同的主体，得出腾讯“二选一”行为或“产品不兼 容”行为对用户属于拒绝交易或限制交易的滥用市场支配地位行为；对360 属于防卫过 当，构成拒绝交易，但应当减轻或免除处罚。对于腾讯在QQ 软件中打包安装QQ 电脑管 家的行为，不论对于用户或者360，均不构成“搭售”行为。（三）提出了互联网领域要 注重滥用市场支配地位执法的谦抑性和注重法律原则适用的建议。 关键词：互联网；滥用；市场支配地位；360；腾讯QQ Abstract Since the battle between QQ and Qihoo360 broke out in 2010, there are consistent conflicts between Tencent and Qihoo360,who filed lawsuits against each other.Among them,in November 2011, Qihoo360 brought a lawsuit to The High People’s Court of Guangdong Province (hereinafter,referred to as “GDHC”) for Tencent’s abuse of dominant position in market,which push the dispute to the new high. In 2013, DGHC made the Judgment of first instance and it refused all the claims of the plaintiff,so Tencent won the case.The first trial of GDHC has been caused wide discussion in academia and practical circle on antimonopoly issues in the field of Internet. Avail myself of this opportunity,this paper is started with the general theories of anti-monopoly,then to make new considerations to these general theories by combining the particularity of the Internet.Next step is to have a further study of the reasons and points of the Judgment of GDHC and a analysis on the dispute focus in this case by applying the new considerations. Finally,in-depth probing some of the general theoretical points in order to be able to solve the problems of anti-monopoly in the field of Internet in law enforcement and application in the future.The full text is divided into four parts,the specific contents are as follows: The first part is the