The Research On Legal System Of Definition Of The Relevant Market

The relevant market is a key concept in the anti-monopoly law, which usuallyrefers to the business during a time period specific goods or services, merchandiserange and geographic scope of the competition."Anti-monopoly law," known as the"economic constitution" in the first article seting out its main task is to "preventionand suppression of monopolistic behavior, to protect fair market competition,enhancing economic efficiency, safeguarding the interests of consumers and socialpublic interests, and promoting the healthy development of socialist market economy." Being seen as the basis of the anti-monopoly law, the definition of relevant marketsis the premise of the enterprise anti-monopoly regulation, because any competitivebehavior is within a certain range of market, defining the relevant market is a clearcompetitive market operators. Prohibit the monopoly agreement and prohibit theabuse of market dominance, control, have or may have to exclude, limit thecompetitive effect of the concentration of business operators anti-monopoly lawenforcement work, are likely to involve the definition of relevant markets, while therelevant market define the scale reflect the policies of the antitrust law enforcementand the country’s economic situation. If the market is defined too narrow, meaningfulcompetition would be excluded, if the market is defined too broadly, the extent towhich competition may be exaggerated, too broad or too narrow market definitionwill lead to underestimate or overestimate the market share and concentration.Therefore, the definition of relevant market analysis tools to determine the specificform of monopolistic behavior and determination of the monopolistic practices illegal.Not only is it the beginning of the economic analysis of antitrust cases and antitrustenforcement, but also the accuracy of the relevant market definition is to safeguardthe market competition and to maintain the vitality of the market’s key.With thedeepening of economic globalization, the rapid development of China’s marketeconomy increasingly close ties with the countries of the world economy antitrustcases continue to emerge. Although China in recent years to improve theAntimonopoly Law, the implementation of the anti-monopoly law, there is a great lack;legislation is not perfect, poor theory; China’s antitrust authorities defined therelevant market practice is often evasive, there is no give the results did not explainthe reason. Therefore, the definition of relevant markets tend to become the mostcontroversial of the antitrust case. Defining in the relevant market, the United States and the European Union andother developed market economy countries has basically formed a complete set ofdefined methods, China can learn from more mature foreign theory and practicalexperience to improve the legal definition of relevant market definition, set theindependent reunification anti-monopoly law enforcement agencies to promote thedefinition of relevant markets and publish the judicial interpretation of the relevantmarket definition, to establish a case guidance system.