| The relevant market is the the core concept of the antitrust laws and it contains the three dimensions of the product, geography and time.The starting point or the logical basis in types of competition analysis is the definition of the relevant market. It is also the primary issue to be solved in most antitrust cases.The relevant market is in a significant position.So we cann’t avoid or overcome it in trial and investigation of antitrust cases.Of course, we cann’t evade the definition of the relevant market in antitrust cases of the Internet industry. However, Internet industry has different characteristics,such as innovative externality and bilateral. All those make the market of Internet become complicated—there is coexistence of a high degree of market concentration and fierce competition.All those make the relevant market become more and more complicated and blurred.General train of thought of defining the relevant market is an analysis to consider the various factors, in order to know involved operators the competitive constraints.During the process, we should insist on certain principles and specifically apply some methods of definition.Starting from the purpose of the antitrust laws,we can use pro-competitive principles, the principle of efficiency and workable principles.We mainly use demand-alternative analysis method and supply-alternative analysis method. Demand-alternative analysis method contains the products-function analysis method and hypothetical monopolist test method(SSNIP).SSNIP is world-widely used in the definition of the relevant market. We use price analysis method and SSNIP in the definition of relevant geographic market. We usually insist on to the principle of long-term development and can be expected to range.Internet industry is a new economic form. The principles, general train of defining thought and methods of the relevant market "behave’" differently in Internet industry.The principle and the defining thought of the relevant market are useful to determine the direction of the relevant market in the Internet industry.However, methods of the relevant market can not be well used in front of those problems caused by Internet industry.At the same times, technologies, the unique sources of corporate profits and other considerations provide a useful perspective for the definition of the relevant market in the Internet industry.People and government pay more and more attentions the definition of the relevant market in Internet industry. Through close observations on academic researches, current laws or regulations and real world practices,the European and U.S.A give new methods.We can use these methods for reference and we can perfect the theory of definition of relevant market in Internet industry through academic researches, current laws and regulations and real world practices. |