| The core function of the antitrust law is to stop and eliminate unreasonable monopolies,if we want to scientifically determine whether the behavior of a particular market entity constitutes an unreasonable monopoly prohibited by law,we often need to put the market entity in a specific and specific market context,and the "market context" mentioned here is the concept of "related market" in the antitrust law.It can be said that defining the relevant market is the starting point and basis for analyzing the competition,perhaps not fully specified in specific articles,also often implicit in the design of major antitrust regimes.In many cases in practice,the definition of the relevant market by antitrust law enforcement agencies or courts often has a decisive influence on the handling of antitrust cases.It is of great significance for antitrust to define the relevant market scientifically and reasonably.In the long-term research and practice of antitrust work,the related market cognition of traditional industries has formed a relatively systematic definition of thinking and a variety of ways to define.However,with the rapid development and popularization of the internet industry,various antitrust cases are emerging constantly.The difference between the industry itself and the traditional industries poses various challenges to the definition of the relevant market.This has led to discuss of legal studies in the relevant market definition of the internet industry.In many antitrust cases,when analyzing the competition in the Internet industry,it is animportant step in defining the "Internet-related market".As some of the "non-traditional" economic and technological features of the industry complicate many issues,the domestic and foreign legislative and judicial exploration of the definition of "relevant market" in the Internet industry is only in its infancy.Therefore,in light of the judicial practice and theoretical development,discussing this issue is very valuable.The full text consists of the following three parts:The first chapter introduces the basic theory.Section Iclarify the concept of the relevant market first,and then emphasize what legal value the relevant market definition has and introduces the traditional definition ways of the relevant market.Section II analyzes the definition of Internet-related markets.The second chapter describes the status quo of the legal regulation of China’s Internet-related market,and analyzes the difficult and difficult reasons that the Internet brings to judicial practice.The first section mainly analyzes the status quo of the legal regulation of China’s Internet-related market definition;the second section analyzes the difficulties that the Internet brings to the definition of related markets in China;Section III mainly introduces the Internet industry from the perspective of anti-monopoly characteristics,which are the reasons for the difficulties in defining the relevant markets in the Internet industry.The third chapter analyzes the future of China’s relevant market definition from the perspectives of thinking analysis,legal system construction,and method revision in judicial practice. |
