Research On The Definition Of The Relevant Market In The Field Of Digital Economy

China’s Antimonopoly Law stipulates the relevant market definition system,and the guidance on relevant market definition issued by the antimonopoly Commission of the State Council in 2009 further promotes the development of relevant market definition work.For the anti-monopoly law enforcement agencies and judicial organs,the relevant market definition is regarded as one of the core contents when dealing with anti-monopoly cases,and it is a key link to judge whether the operators involved constitute monopoly.With the rapid development of the times,in the face of the emerging digital economy,the traditional market definition rules have limitations.The characteristics and development mode of digital economy are different from that of traditional economy.How to define the relevant market in the field of digital economy is not fully applicable in the current laws of our country.The imperfection of the existing provisions leads to difficulties in the application of laws by the anti-monopoly law enforcement agencies and judicial organs.It is difficult to achieve fairness,justice and rationality in the specific practical operation of the anti-monopoly cases in the field of digital economy.Therefore,it is urgent to study the market definition related issues in the field of digital economy,which should be highly valued by the legislative,theoretical and practical circles.In addition to the introduction and concluding remarks,this paper is divided into four parts.The first part is "overview of the definition of digital economy and related markets".Firstly,the author summarizes that the definition of digital economy is an inclusive term used to describe the digital technology market through the description of other countries or organizations.It mainly has the characteristics of bilateral market,network effect,low conversion cost and multi attribution;Secondly,through the discussion of China relevant market is defined by laws and regulations,that is,the process of using relevant evidence to analyze,prove and select products,geography and time range used to analyze the impact of competition.It is the key of anti-monopoly justice and law enforcement to clarify the definition of relevant market.It is also the core step to determine whether enterprises abuse market dominance and evaluate market power;Finally,it lists the current mainstream methods of defining relevant market,analyzes their own advantages and disadvantages,and leads to the dilemma of defining relevant market in the field of digital economy.The second part is "the influence of the competitive characteristics of enterprises in the field of digital economy on the definition of relevant markets".The direct way for enterprises to obtain the maximum profit is to compete with each other,while the competitive characteristics of enterprises in the field of digital economy are different from those of enterprises in the traditional market.The change of the competitive characteristics causes certain obstacles to the traditional competitive analysis.The author is trying to analyze the influence of the competitive characteristics of enterprises in the field of digital economy Based on the analysis of the dynamics of field competition and the results of "winner takes all",the paper further summarizes the impact of enterprise competition in the field of digital economy on the definition of relevant markets.The third part is "the challenges faced by the definition of relevant markets in the field of digital economy in China".Based on the above analysis,the paper summarizes the new challenges faced by the definition of relevant markets in the field of digital economy in China,mainly including the marginal tendency of demand substitution analysis,the challenges of bilateral market attributes to the definition of relevant markets,the difficulties in the application of the SSNIP test method,and China’s antitrust related issues the legal basis of market definition is insufficient.The fourth part is "suggestions for improving the definition of relevant market in the field of digital economy in China",which is the summary of this paper.Based on the above theoretical analysis,the author sums up suggestions for improving the definition of relevant market in the field of digital economy in China,mainly including the role of appropriate dilution of relevant market definition in anti-monopoly cases,improvement of the judgment standard of SSNIP test method,introduce the profit model test method and improve the relevant market definition legislation in China.