Study On The Relevant Market Definition Of Antimonopoly In China

As a basic concept of antimonopoly law, the definition of relevant market not only could construct the foundation system in investigating concentration, but also mirror the antimonopoly policies on enforcement and reflect the country's economic circumstances.E.U and the U.S which economically developed, have categoricalness of theoretical system and rich practical experience about the relevant market definition. As "antimonopoly law" has just been issued in China, it is lacking of the theory and legislation as well as blanking in practices. After selected several typical cases of U.S. and E.U, and provided the general theory of market definition systematically, this article give some suggestion to establish and perfect China's legal system in defining the relevant market.In addition to the introduction and conclusions, this article is divided into threechapters:Chapter I, to make a comprehensive overview on defining the relevant market, from the concept of relevant market and the characteristics, the classification and definition the meaning as well as limitations.Chapter II, through introduced the relevant product market, relevant geographic market, the relevant time market, the relevant technology market that in U.S and E.U as well as the combined U.S and E.U typical case with legislative provisions on this area, the chapter expound the general theory on defining the relevant product market systematically.Chapter III, beginning with the analyzing the principles of defining the relevant market, then combined with China's anti-monopoly legislation and antimonopoly cases ,this article draw out the furtherance of improvement in China's antimonopoly legislation about the relevant market, based on learning experience from foreign antimonopoly legislation, and our national specific circumstances. There are two aspect of main innovation on the method and content in this article: First, put forward that the definition of the relevant market should be guided with the principles of the relevant market by rooting on the legal environment of our country; Secondly, bringing forward the advices on legislation, after investigated the situation of antimonopoly legislation at this stage in our country and combined with the current economic situation.