A Study On The Relevant Market Definition Of Competition Law

As a basic concept in the anti-monopoly law, the relevant market plays a important role. Many cases will be related to the definition of the relevant market, even directly affect the trial results.In the process of enforcing the antimonopoly law,no matter it is for concentration of business operators, the monopoly agreement and abuse of dominant market position of the antitrust review in China, all need to examine operators in the relevant market share of the market, control status and influence, etc, in order to determine whether these actions will be substantial restrictions of competition, whether should be banned.How to define the exact relevant market, all countries in the antimonopoly law enforcement will be faced with the problem. Although China published in2009by the detailed rules for the implementation of the relevant market, but whether the provision of clauses, or in the judicial practice to examine, are not satisfied.In this paper, in order to find out the relevant market definition and the application of the deficiencies and defects in our country, and puts forward the corresponding measures to improve, in the relevant market definition to have the profound theory base and rich countries and areas (the United States, the European Union and Japan) of the law, and then use the method of comparative analysis, obtains our country and abroad in the definition of the relevant market differences exist, thus obtains our country to the definition of the relevant market and how to perfect the applicable.In the article, the author firstly on the related market competition law related market relates to the basic theory is explained; secondly, discusses current our country the relevant market definition and enfocement; And then, respectively, to the United States European Union and Japan about the definition of the relevant market and applicable situation are introduced, in this process, analyzes the relevant market definition about their legal documents and combining with the case to understand them in the judicial practice concrete operation process; finally, the our country and the country (areas) to make a comprehensive comparison, obtains our country and these countries (area) of the existing differences, so as to find out find out the deficiency existing in our country and defects,then that, our country needs from the implementation details of the further refinement, define the improvement methods, the improvement of the survey method, and evidence of adopted by the clear and so on to improve the definition of the relevant market and application.