Wei-Zi Tik Tok War

Tik Tok may be the final winner. Because Tencent restricts users from sharing content from Tik Tok through WeChat and QQ, which is prohibited by the Anti-Monopoly Law? Monopoly behavior that abuses market dominance and excludes or restricts competition? .

Details In early February, Tik Tok sued Tencent for alleged monopoly, which became the focus of market attention. In fact, before this lawsuit, Tik Tok filed an unfair competition lawsuit against Tencent. Now, this case has been exposed and new progress has been made.

Tik Tok related operating companies filed unfair competition lawsuits against Tencent related companies. Tik Tok believes that the WeChat and QQ platforms operated by Tencent restrict users from sharing Tik Tok in WeChat, WeChat circle of friends, QQ and QQ space for free through technical means. Other similar products, such as micro-vision, Tencent video and Aauto Quicker, are not restricted by Tencent, so this behavior constitutes unfair competition. Tik Tok asked the court to lift the restrictions, eliminate the impact and compensate for the loss of 90 million yuan, but Tencent raised a jurisdictional objection to the case. Tencent believes that the case is actually a contract dispute arising from the use of WeChat and QQ open platforms for vibrato short video products. Therefore, the case should be tried in the relevant court in Shenzhen, the jurisdiction stipulated in the contract.

On June 5438+February, 2020, Fuzhou Intermediate People's Court made a judgment on the case of Tik Tok v. Tencent's unfair competition, and concluded that according to the agreement between WeChat and QQ developers, the jurisdiction of the case should belong to the court where the agreement was signed. According to the subject matter of the case, the case will be transferred to the Shenzhen Intermediate People's Court for trial.

According to the latest news, at the beginning of this month, Tik Tok appealed to the Fujian High Court because he refused to accept the court's decision to transfer Tencent's unfair competition case to the Shenzhen court for trial. According to the notice of accepting the case issued by the court, on February 19, the Higher People's Court of Fujian Province decided to put the case on file for trial, and the case number was (202 1) Min Min Fa Shen No.26, but the reporter still did not find the relevant notice on the online judgment document of China.

The Securities Times reporter learned through multiple channels that according to the latest market news, Tik Tok has appealed to the Fujian High Court on the basis of jurisdictional objections. If the Fujian High Court upheld the ruling of the Fuzhou Intermediate People's Court, it will be transferred to the Shenzhen Intermediate People's Court for trial.

It is worth noting that Tik Tok's lawsuit against Tencent's monopoly is closely related to the current anti-monopoly situation in China. At the end of 2020, the State Administration of Markets issued the Anti-monopoly Guide for Platform Economy (Draft for Comment), clearly pointing out the red envelope subsidy, brand shielding, and? Choose between two? 、? Big data killing? Search for degradation, traffic restrictions, technical barriers, etc. It may all be a manifestation of abuse of dominant position, and anti-monopoly cases in the field of platform economy do not necessarily need to define the relevant market.