Research On Definition Of Relevant Time Market In Enforcing Antitrust Law

The definition of Relevant Market is an very important basic work in the course of implementing antitrust laws, having a great decisive influence on the entire adjudication of antitrust case. Some scholars think that relevant time market may not be considered as a separate issue. For, in many cases, relevant time market can be included in the definition of relevant product market, which means the time factor should be considered when defining relevant product market. And we should pay more attention to the time factor especially when the concerned product has intellectual property rights.However, competition is always in the dynamic development as long as the existence of a market economy. The current market competition will not long remain unchanged. Since the seasonal changes, the innovation of product technology, the expiration of the term of protection of intellectual property rights, the current market competition will change differently inevitably in a period of time can be expected.Taking time market into account can make it coordinate with product market and geographic market better, contributing to the definition of market in the antitrust case more standardized, scientific and objective. Furthermore, it can upgrade the level of law enforcement of antimonopoly execution authorities and court; promote the healthy and orderly development of the socialist market economy. Therefore, researching on the definition of relevant time market is of great significance.Many countries that has implememted antitrustregime effectively have studied the definition of relevant market well and achieved phased achievement, bringing the research on the definition of relevant market to a relatively mature stage. However, those researches concentratemainlyon relevant product market and relevant territory market, paying not much attention to the relevant time market.Britain, as a country has a well-developed antitrust law legal system, provides three cases where the time factor is considered reasonably. Australia takes the factor of time as a separate dimension and underlines the time must be predictable. European Union highlights time factor’s effect in part of its cases.Due to China developed antitrust legislation relatively slowly, theorists’research on the definition of market started relatively late. After "the State Anti-Monopoly Committee on Definition of Relevant Market Guide" published in2009, theoretical research results of time dimension increase gradually. However, most of the researchs concentrate mainly on market segmentation. They don’t explore deep into methods, consequently, there barely exists powerful workable principles or methods.Given this, research on the definition of relevant time market appears particularly important and necessary.Time market is review the time range of effective competition, the three elements of product, region and time together formed the relevant market, among them, the first two elements are tangible, concrete, and the time factor is invisible and abstract, competitive product in time, and regional three-dimensional angles, three interaction, mutual cooperation, together constitute the anti-monopoly law under the relevant market. Lack of time dimension of the market, at least is the incomplete market. Related to time the market research is examining rationality of time dimension, as a way to take a variety of methods are studied.This paper starts with the examination of time dimension’s reasonableness, striving to take a variety of methods to carry on research. On the whole, the paper interpret from three parts respectively. The first part is the basic theory of the definition of relevant time market. For overseas experience and reference for the definition of relevant time market. First, this part introduces some typical overseas countries’ attitude towards relevant time market and their relevant law system. After introducing those countries and regions that are advanced in antitrust law, such as Britain, Australia and European Union, this part analyses that experience’s useful reference for our country’s definition of relevant time market. That experience has a useful reference particularly on the definitude of relevant time market definition, the independence of law enforcement agencies, case guidance system, etc.The third part is the paper’s focus areas,and it is about the application of the definition of relevant time market in our country’s determination of anti-monopoly.First, this part introduces the basic principles of relevant time market, mainly about the principle of long-term development and the principle of foreseeable time range. Second, this part introduces some necessary factors in determination of anti-monopoly. Those factors are distinguished clearly by traditional field and networking field. Traditional field focus on special industry’s seasonality, indispensable at different times, popular fashion, products’technological innovation, products’ usage cycle,products’ production cycles and the term issue of intellectualpropertyprotection. Networking field mainly focus on the economic effects of network, limit of control measures, the fast update frequency caused by technology progress,etc. Networking field integrates those factors considered in the definition of relevant time market on the base of synthesization of characteristics of different industries, striving to fill previous absence.Finally, this part conducts a preliminary exploration to the methods and legal system suitable for the definition of relevant time market of China, mainly focusing on the improvements of relevant antitrust law regime,the establishment of the case guidance system on the definition of relevant time market with the least possible delay, the discussion about the SSNIP method combined with China’s legal system and our national conditions. I hopes this paper could have a progressive significance on our nation’s further recognition of time dimension and a better definition of the relevant market’s antitrust enforcement work.