Analysis On The Definition Of Relevant Market In Anti-monopoly Law

After a long incubation period,the Anti-monopoly Law of the People's Republic of China(hereinafter called as Anti-monopoly Law),which was adopted at the 29th meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 30,2007,has been effective as of August 1, 2008.In the event of a suspected infringement of the competition rules,the first element to be considered is the relevant market.How to define relevant market is one of the most fundamental problems in the enforcement of Anti-monopoly Law,because the regulations of behaviors to eliminate or restrict competition relate to the definition of relevant market.The definition of relevant market is an analysis tool for judging concrete forms of monopoly actions and determining illegal effect of monopoly actions.Definition of relevant market has a long history,complete laws and rich practice in developed countries.Especially,in Europe and America,as a result of many-year experience,a set of comparative perfect definition theories of relevant market has been established.However,Antt-monopoly Law is a brand-new legal system in our country. The enforcement of Anti-monopoly Law is hindered by the current ill-defined and incomplete legislation,along with poor theories and scarce practice.Therefore,it is a problem urgent to be solved how to consult foreign advanced theories and practical experiences and develop our own legal system of definition of relevant marketIn view of the problem,the fundamental theory of definition of relevant market is analyzed in the present paper.Suggestions on how to improve our national legal system of relevant market definition are also given,based on discussions as to the foreign practical experiences and some existing problems.This article mainly divides into five major part elaborates,various parts of primary coverage are as follows:The first part is the outline of definition of relevant market,which includes definition of relevant market,characteristics of relevant market and significance of definition relevant market.In addition,the definition in our national Anti-monopoly Law is also interpreted. The second part concerns the main contents of definition of relevant market. Theories about the definition of relevant market are discussed from two issues of principle and approach.Besides,some analyses and comments are made on both principle and approach in detail.The third part elaborates basic contents in the process of the definition of relevant market.Latitude of definition of relevant market,the main factors considered,and exceptional cases are presented in detail.The fourth part explains the analysis procedure on foreign practice in the definition of relevant market.Combined with several typical cases,both theory and practice of the definition of relevant market in America and Europe are compared and analyzed,in virtue of guideline documents and judicial practice of defining relevant market.The fifth part relates to the suggestions on improving legal system in defining relevant market.First,analyze and reflect on some existing problems of theories and practice of defining relevant market in developed countries.Then in agreement with our national condition,the author makes some suggestions on defining relevant market, such as definition regulation,principle,and approach.