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2013年3月28日,360诉腾讯反垄断一案在广东省高院宣判,腾讯在即时通讯软件领域不占有市场支配地位,继而不具有滥用市场支配地位之行为。在公众的感性认知中,腾讯QQ在国内即时通讯软件领域的垄断地位显而易见,而在3Q大战中腾讯强迫6亿QQ用户在360与QQ之间做出抉择亦明显具有滥用垄断地位的嫌疑。尽管感性认知与司法判定往往因为法律技术而存在偏差,但这种截然相反的结果确实令人如鲠在喉,于是,判决一出,舆论就热闹起来。该案被称之为第一个具有重大影响的反垄断民事诉讼案件,其影响力想必首先应体现在广东省高院那份四万余字八十余页的判决书,这两个数字足以彰显涉案问题的复杂性。涉案双方均为本案做足了功课,所提供证据多达三十几项,而且双方均邀请了专家
On March 28, 2013, 360 v. Tencent Antitrust case was pronounced in the Guangdong Provincial High Court. Tencent did not occupy a dominant market position in the field of instant messaging software and subsequently did not abuse its market dominant position. In the perceptual public perception, Tencent QQ in the field of instant messaging software, the dominant position is obvious, and in the 3Q war forced 600 million QQ Tencent QQ users in the choice between 360 and QQ also clearly have the suspicion of abuse of monopoly status. Although perceptual knowledge and judicial decisions are often biased by legal techniques, the diametrically opposite result is truly lamentable. As a result, public opinions are booming. The case is said to be the first antitrust civil case lawsuit that has a significant impact. Its influence, presumably, should first of all be reflected in the more than 80-page verdict of more than 40,000 words in the Guangdong Provincial High Court, both of which are sufficient to demonstrate The complexity of the issues involved. Both parties involved did enough homework for the case, as many as thirty evidences were provided, and both parties invited experts