Concerning The Definition Of Relevant Market In Anti-monopoly Law

The definition of relevant market is a basic concept of antimonopoly law. It is indispensable for the effective implementation of antimonopoly law system. It is the most basic premise to determine whether the seller’s behavior will product the illegal effect of eliminating and restricting competition and it is the starting point of every competition analysis in the antimonopoly law. From the research findings abroad, we can see that not only there is a long history, a complete legal system, a rich legal precedent and practice in the U.S., EU, Japan and other countries and regions, but also they are formed the relatively mature and perfect theory and methods based on the practice experience of many years and established the operating instructions about the definition of relevant market. A contrast to China, the antimonopoly law just likes a new born baby, the definition of relevant market are more indigent on theory, deficient on legislation and lacking on practice. It is extremely urgent on how to learn the theory and practice in Europe and America for the purpose to improve the anti-monopoly legislation of China. In view of this problem, suggestions on how to improve our national legal system of relevant market definition are given, based on analysis in the present paper and discussions as to the foreign practical experiences.Firstly, it is introduced the general theory of the relevant market definition. This chapter clarified the theory concept and the legal content of the relevant market. Finally, a detailed analysis about the explored factors of the definition the relevant market was given, including demanded substitution and supplied substitution.Secondly, it is analyzed the dimensions and methods of the relevant market definition. It is clearly defined that the dimensions and methods is the prerequisite for defining the relevant market. In this part, it is introduced the SSNIP definition method for defining the relevant market.Thirdly, it is discussed the definition of relevant market in the network economy. It is analyzed the network economy, the relationship between the network economy and related concepts and the characteristics of the network economy and so on; it is also analyzed the influence the network economy to the definition of relevant market. It mainly discuss from the two aspects:the impact that the network economy to the relevant product market and the impact that the network economy to the relevant geographic market; thirdly, the relevant suggestion was given.Finally, it is analyzed the "Guidelines on relevant market definition" based on the experience of other countries.