Research On The Legal Issues In Terms Of The Relevant Market Definition In Antitrust Law

The definition to the relevant market is the prerequisite and the foundation for the legal enforcement of antitrust activity. In the Antitrust Law of PRC, the definition of relevant market is involved into antirust legislation, and specifies that the relevant market of China shall be analyzed and considered from three aspects including the relevant product market, relevant geographical market and the relevant time market. The definition to the relevant market is tested and measured by the demand alternativeness and supply alternativeness in accordance with the alternativeness theory. With the significant meaning, the definition to the relevant market has the strong theoretic value to the antitrust. Through the definition to the relevant market, the specific form of trust can be judged in one side, and the belonged competition market for the involved enterprise can be confirmed in another side, by which, the work of next step can be conducted to the legal enforcement for antitrust activity. The article states the definition of relevant market from three aspects, so as to provide the further completion to the definition of relevant market in China.The first part systematically introduces the development process to the definition of relevant market. USA is the1st country to formulate the antitrust law in the world, which development for the method to define the relevant market is advanced, this article gives the detailed statement and research to the identification method of product in same quality, the demand alternativeness, flexible identification method for the cross price, identification for the theory of affiliated market, the commodities group theory, the identification method for supply alternativeness and the SSNIP test method applied to all countries in current stage.The content of2nd part is focused on the influence affected by the relevant market definition in the time with internet economy. With the development of economy and scientific technology, we have stepped into the time with internet economy. The comings of the time with internet economy not only brings the great influence to our life, but also produce the new change to the production manner and the market competition mode, which proposes the new requirement to the enforcement of antitrust activity. Due to the special character of internet economy, the external efficiency of internet results the new type trust forms different to the traditional economy, and the relevant market definitions is challenged by many new situation, therefore the definition to the relevant economy under the internet economy is the new development period for relevant market definition, each country of world are positively explore and complete it from the aspects of theory and practice. This article makes the detailed statement to the definition of relevant market under the internet economy from two sides including the influence and change brought to the definition of relevant market under internet economy, and the proposed improving suggestions to relevant market based on the effective practice experiences of different countries.Third part is discussing about the current situation to the antitrust law and the definition of relevant market in current situation, which key points are the faced challenges in antitrust law and definition of relevant market after the internet economy, and proposes the method and way to improve the definition of relevant market based on the profit experience of other countries. Currently, the Antitrust Law of PRC has been issued, but in terms of the legislation of the antitrust law and the definition of relevant market, the systemic law and regulation of is shorted, and it is only mentioned for its basic conception of definition of relevant market, but it is rare to stipulate its specific operational method. During the process for the globalization, China has been integrated with the world economy, and it is an urgent task to create a fair, order and health marketing competitive environment. Meanwhile, faced to the coming internet economy time, China also urgently needs a new method to solve the problems. According to this, this article proposes the suggestions from three aspects to the definition of relevant market and explains it by the case decision fro3Q Competition. Firstly, the legislation system of the definition of relevant market shall be completed, so as to provide the accordance for the enforcement of antitrust activity, and provides it more operability; secondly, increase some consideration element to the definition of relevant market, such as the increase of the technology alternativeness; finally, referring to the advanced experience from the other countries in terms of the definition of relevant market under the internet economy, such as the test method of Profit Method and test method of performance of product, so as to resolve it effectively by the new problem of internet economy; The analysis to the3Q Case Decision explains the suffered problems in the internet economy in further extent, and we can see that China already refers to the good experience from other countries in terms of the relevant market definition in internet economy, which case will provides the guidance to the development of the definition of the relevant market in future internet economy.