The Definition Of The Relevant Market Rules And Its Perfection

Since the P.R.C. Anti-Monopoly Law (hereinafter referred as " anti-monopoly law") came into effect , China has made a big move complementation of anti-monopoly law. However, there is no specific regulation or rule regarding the definition of relevant market under P.R.C law.In 2009, the merger case between Coke-Cola and Huiyuan Juice (hereinafter referred as"Huiyuan Juice Case") was rejected by the authority. A lot of people doubted the final decision made by the Ministry of Commercial considering no implementation or guidance of anti-monopoly law at that time. The definition of relevant market was one of the arguable points. Huiyuan Juice mainly participated in the fruits juice market whereas Coke-Cola involved in a much wider market including juice. The Ministry of Commercial regarded the juice as the relevant market but failed to clarify the reasons. After Huiyuan Juice Case, the anti-monopoly commission of the State Council Office issued "the guidance of giving definition to the relevant market"(hereinafter referred as " Guidance"). The guidance is based on the Commission Notice on the definition of relevant market for the purpose of Community competition Law (hereinafter referred as "Notice"). This paper will mainly study the legal practice as well as legislation regarding the definition of relevant market by comparing the Guidance with the Notice.