Legal Studies On The Definition Of Relevant Market In The Cyber World

Defining the relevant market in antitrust law is not an independentinstitution, but it is the development and implementation of majorsystems on the basis of antitrust law. Because in antitrust law, whether itis for abuse of market dominance behavior identification, or for review ofbusiness concentration, determination and even monopoly agreement,whether it is through the analysis of competitive harm to determine itsillegality, which relates to the field of competition will inevitably occur.The definition of the relevant market is to delineate the size of such acompetitive field range, only by defining the relevant market, beforethey can know at a market in the end how many competitors, theirmarket share much, and then to determine whether the alleged illegalbusiness To what extent can the exercise or in the future may exercise itsmarket power, so that it acts with or arising illegality effect of restrictingcompetition.With the rapid development of the Internet, the frequency ofmonopolistic behavior in the Internet industry, such as Tencent, thecompany has been using its dominant market position in the bundle tying(such as Tencent QQ chat software), limited trade and refusal to deal(Tencent " alternative"), Baidu using its dominant market position ofdiscriminatory monopoly (differential treatment, such as Baidu searchresults differentiated). In3Q war, there Kingsoft, Maxthon, to cattle, Baidu and Sogou jointly announced that360security software is notcompatible with the conclusion of a monopoly agreement. Face somemonopolistic behavior of Internet happened, our antitrust laws did notwork out for their respective particularity laws and regulations, but oncemonopolized the incident, how to law enforcement; what lawenforcement is based; specifically define the relevant market in theInternet industry What should be used to define methods; these are thecurrent problems faced by the antitrust laws. Compared with thetraditional markets, the Internet industry has its special properties, suchas the Internet market has bilateral cross-network externalities;consumer Internet products with sticky price structure asymmetry, etc.Some traditional markets are no special attributes this will seriously affectthe ways and means of defining the relevant market in the Internetindustry, so that the Internet-related market research from the perfectangle and regulations and methods of defining the relevant market issuesof great significance.This paper defines the problem from the following four parts of theInternet industry related markets start on:Part I: Introduction. The outset that the intention of writing byasking questions, followed by analysis of the purpose and significance ofthe Internet industry antitrust laws defining the relevant market, thecurrent research, the article writing process used in research methods. Part II: Internet industry overview of basic issues related to marketdefinition. First introduced the concept of the origin of the relevantmarket and meaning; secondly discusses the legal value as defined in therelevant market; finally, discusses the necessity of Internet-relatedmarket definition. Interpretation of the Internet industry by defining therelevant market in the basic problem, as discussed further below, theInternet industry to start defining the relevant market research questionsto lay the foundation.Part III: China’s Internet industry research to define the relevantmarket. This part of the analysis of the main market in theInternet-related legislation defining the status quo and resolve theproblems of the current legislation, legal challenges encountered inpractice.Part IV: International Review of the Internet industry as defined inthe relevant market. U.S. study, the EU anti-monopoly status ofimplementation of the Internet industry as defined in the relevant market.Inspiration from the rich experience accumulated in others, provide areference for its countermeasures for China’s Internet industry issuesencountered in defining the relevant market, so that China’santi-monopoly law in the Internet industry can be better implemented.Part V: China’s Internet industry, defining the relevant market toimprove the legal system and recommended methods. For the state of legislation and legal practice combined with the challenge of foreign thirdpart presents the legal system is imperfect and the Internet brings presentscorresponding solutions.