The Definition Of The Relevant Market In The Instant Messenger Industry

The instant communication industry in our countryhasmet increasinglycomplex problems in the antimonopoly law enforcement practice. No matterin the restriction of competition or in the regulation on abuse of marketdominant position, or in the regulation on enterprise merger, to define therelevant market is the first step of antimonopoly law enforcement.As the instant communication industry is characterized by its variety,fierce competition and strong monopoly, unique operation mode, nointerconnectivity, two-side market, and rapid innovation, this thesisgeneralize sapproach of defining the relevant market of the instantcommunication industry from general method of defining relevant market.The approach of defining the relevant commodity market of the instantcommunication industry is to consider various influential factors, including physical property, function, price and consumer preference, especiallydemand substitution in the framework of two-side market. The method ofdefining the relevant geographic market of the instant communicationindustry is to consider factors such as convenience and regional differencescaused by consumer preference, especially supply substitution.The approach of defining the relevant time market of the instantcommunication industry is to consider fashionability, periodicity,Innovativeness and so on.In the case initiated by Beijing Qihoo Technology Co., Ltd. againstTencentTechnology(Shenzhen) Co., Ltd, Guangdong High Court defined therelevant market for Tencent from two aspects of the relevant commoditymarket and regional market according to regulations of Chineseanti-monopoly law. However, the author of this thesis maintains that thereexist problems of the judgment of Guangdong High Court in viscositycharacteristics identification, the hypothetical monopolist test method, themeasurement of factors such as regional differences and innovation.