ByteDance, the owner of the video-sharing platform Douyin, confirmed with the Global Times on Monday that Fujian Provincial Higher People’s Court has agreed to hear the case it filed against Chinese tech giant Tencent over alleged unfair competition following Douyin’s move to appeal against transferring the case.
Douyin filed an appeal against the jurisdictional decision to transfer the case concerning Tencent, from the Fuzhou Intermediate People’s Court to the Shenzhen Intermediate People’s Court, as announced in December last year.
Fuzhou Intermediate People’s Court held the view that the jurisdiction of the case shall be applied in accordance with the agreement with WeChat and QQ, Tencent’s instant messaging tools. During the hearing, the court ruled that the case shall be based where the agreement was signed.
Tencent’s headquarters are located in Shenzhen, South China’s Guangdong Province, while ByteDance is based in Beijing.
The case traces back to September 2019 when Douyin accused both WeChat and QQ platforms from restricting users from freely sharing Douyin videos on their platforms through technical means, while videos from other apps including Kuaishou are not restricted from being shared, so Tencent’s behavior constituted unfair competition.
In response, Tencent said the case is in fact a contract dispute arising from the use of WeChat and QQ platforms to publish Douyin’s short video products. Therefore, the case should be placed in the jurisdiction agreed in the contract, which is Shenzhen, according to a report by thepaper.cn on Monday.
It is noticeable that the case is separate from a lawsuit filed in