Effects Analysis in Abuse of Dominance Cases in China – Is Qihoo 360 v Tencent a Game-Changer?

Abstract

This paper examines the analysis of competitive effects in abuse of dominance cases in China. In particular, it focuses on two questions: (1) are Chinese antitrust authorities and courts required to examine effects before finding an illegal abuse of dominance; and (2) what kind of effects are examined in practice? The Anti-Monopoly Law itself does not give clear answers to these questions, and hence it is necessary to look to the decisions by Chinese authorities and courts for possible guidance. One of the most important decisions in Chinese antitrust history, the Qihoo 360 v. Tencent judgment by the Supreme People's Court in October 2014, may bring about a fundamental change to how the effects analysis is employed in China.

Keywords: Antitrust, competition law, anti-monopoly, AML, 3Q, abuse of dominance, anticompetitive effects