Research On The Definition Of Anti - Monopoly Related Market In Internet Industry

In recent years, the rapid development of the Internet industry, the scope of their respective areas of market competition, the way, the intensity is significantly different from traditional industries. Showing a bilateral market, attention economy, beyond time and space, innovation competition competitive nature of the market.Since the introduction of the market economy since the country, in order to protect free and fair competition, prevent eliminate or restrict competition occurred in 1993 introduced the "Anti-Unfair Competition Law", in 2007 introduced the "anti-monopoly law." Subsequently, the antimonopoly committee has issued a "guide on the relevant market definition." Visible defining the relevant market in antitrust law is very important in the sense that it is often a prerequisite for starting and antitrust enforcement.For the Internet industry has shown the characteristics of market competition, the existing method of defining the relevant market, and key considerations dimension is used in the practice of antitrust enforcement in recent years, academic research and often controversial.This paper describes several characteristics of the Internet industry sort of market competition showing different from traditional industries, with examples of existing methods to define the relevant market, the dimensions for analysis. The second American Internet industry antitrust cases are introduced, and analysis of the main factors defining the relevant market ideas, methods and considerations. The third new method for defining the relevant market at present are introduced and analyzed their use may exist in the Internet industry in question. Finally, China’s "Qihoo v. Tencent" case related to market definition content analysis, and for the legislative status quo of China’s current definition of the relevant market, both on the 2009 introduction of the "guide on the relevant market definition," put forward a sound proposal.Finally, Paper argues that the existing first alternative analysis is applicable to the Internet industry to define the relevant market, but in defining the relevant market need to consider several characteristics of the Internet industry, showing a competition. And because of the complexity of the Internet industry competition, on specific cases can not clear out the relevant market boundaries. Secondly hypothetical monopolist test method is not directly applicable to the current Internet industry defining the relevant market, and its alternative form also requires further research to use in practice. Finally, due to the strong competition in the Internet industry dynamics, in defining the relevant market should consider the impact of the time factor alone. In view of the "guide on the relevant market definition", the paper suggested "guidelines" to modify the concept of time is clearly related to the market as well as ideas and methods defined; clear platform competition bilateral market characteristics or properties and analysis of ideas; improve the relevant product market, the relevant geographic market definition is a major factor to consider; improve the scope and conditions assumed monopolist test.