Study On The Definition Of Relevant Market Of Antitrust Law In China

One of the basic principle,established in Civil Law,is,as the subject in market-economics, enterprises have the right to do everything to realize maximum profit.It's not sure that in market-economics which act or condition goes against competition or belongs to monopoly.In addition,if all of the monopoly should be regulated is a question to us.All of the problems should be judged before the antitrust laws.As the Anti-Monopoly Law of the People's Republic of China (hereinafter referred to as the Anti-Monopoly Law)was promulgated,the relevant market came into the anti-trust regulations,and this is always one of the most basic conceptions in the theory of anti-monopoly law.To define the relevant market reasonably is indispensable to enforce anti-monopoly laws effectively,especially the legal systems of M & A regulation,and is the most elementary premise.As far as the relevant market is defined,the competition relationships between enterprises in the "market",and the range of the commodities and services with the possibility to competition are defined.Therefore,in M & A cases of the countries or regions,which have regulated anti-monopoly,the issue of the definition of relevant market has become the most noticeable central point of suit.The method of defining production function was first used in the world,and with the evolution of the judicial practices and the theoretical economics,as well as the inherent flaws in the first method,a new,precise one-SSNIP method is created,and U.S. and EU have adopted this new one. SSNIP method established the modern basis for antitrust market definition, and has been widely used in worldwide. Although this approach has its drawbacks, in today's process of rapid economic development,is the more precise method to determine the existence of monopolistic behavior.So the aim of the paper is to analyse SSNIP method and regulate it in our country laws.In addition the disadvantages are pointed out and perfected.The article is divided into 4 chapters:Chapter One,the analysis of the basic concept comprises the different regulations in some countries.With the Anti-monopoly Law as the standard,the definition of the relevant market is narrated.Chapter Two, the significance and main methods and the main principles shall be followed to define the relevant market are analysed.The most important methods in the world are the method of defining production function and SSNIP method.Chapter Three, the Anti-monopoly Law and the anti-monopoly committee about the relevant market definition guidelines are analysed,with the drawbacks pointed out.Chapter Four,the legislative proposal is to regulate and consummate SSNIP method to make it more in line with China's specific economic situation.