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  • MRLC Series Lecture Phrase Ⅱ“the Interpretation of the Supreme Court’s Final Judgment on 360 v. Tencent Antitrust Case”was held in Law School of RUC

    2014.10.24 - 2014.10.24

    MRLC Series Lecture Phrase Ⅱ“the Interpretation of the Supreme Courts Final Judgment on 360 v. Tencent Antitrust Casestarted at 9am on October 10th,2014 ,in Room 3303 of the Third Public School Building of Renmin University(RUC). Associate professor Meng Yanbei of RUC Law School hosted this lecture, and associate professor YAO Haifang of RUC Law School was invited to be the commentator while lawyer ZHAO Ye, a partner of DeHeng Law Offices, who personally involved in 360 v. Tencent Antitrust Case, was invited to be the speaker of the lecture. Lawyer Zhao interpreted the court’s rulings on each point involved as well as the influence and significance of the case in detail and deeply for Law School students.

     

    Lawyer ZHAO Ye introduced both parties, 360 and Tencent, and their competitive relationship at first. Afterwards, he started the in-depth analysis of the Supreme Court’s final judgment on 360 v. Tencent Antitrust Case. Lawyer ZHAO regarded this judgment as one of the most excellent antitrust and intellectual property rights rulings in Chinese history. And then he analyzed this case from three aspects, which respectively were relevant market definition, market dominant position definition, and identification of abuse acts. More than the viewpoints of both parties and analysis of the court’s ruling, he also shared his evaluation and reflection on this case.

     

    Subsequently, associate professor YAO Haifang expressed his views mainly on defining bilateral markets and economics and law-economics’s importance to antitrust law research. In the end, associate professor MENG Yanbei made a conclusion on this lecture. She firstly approved of lawyer ZHAO’s pragmatic perspective on antitrust issues. Apart from that, she gave opinions on the status of relevant market definition and market dominant position definition in antitrust case.

     

    The judgment of the case’s second instance, with a total amount of more than 70 thousand words, discussed the central issues such as relevant market definition, market dominant position identification, establishment of abuse acts and existence of just reasons step by step according to the analytic framework of abuse of dominant position that Chinese Anti-monopoly Law provides. In addition, it gave logic and clear opinions on the judgment of the first instance. Hence, it’s certain to be one of Chinese classic antitrust cases, and it let China’s voice be heard on the international stage and show the professional level of Chinese courts as new important antitrust jurisdictions. To Law School students who are interested in antitrust law, this lecture will surely lead them to a more deeply thinking of this extensive and profound law.