Identification Of Dominant Market Position In The Internet Industry Under The Conditions Of Two-sided Markets

Although cases involving two-sided market theory occur frequently inrecent years, no legal department in the world has made a clear regulation orexplanation about the definition or analytical criterion of relevant market, orany special consideration about the internet market. Therefore, the antitrustcases always go to an elusive result.The end of a historical event often predicts a start of innovation. Afterthe “3Q war”, this article will draw lessons from the Internet cases at homeand abroad in recent years and experience of the legal system of Germanyand the EU, then try to find an innovative idea about the identification ofdominant market position under the two-sided internet market. This paper is divided into five chapters: the first chapter is the review ofrelevant theories. The second chapter summarizes the traditional idea of theidentification of dominant market position based on the two-sided internetmarket.The third chapter puts forward the problems existing in the relevantmarket definition of traditional ideas, and correct the mistakes of the relevantmarket definition in the Tencent’s case. The forth chapter puts forward aninnovative idea of definition of the Internet industry relevant market and theidentification of dominant market position, respectively, by reference of theexperience from Germany and the EU in three aspects below: the structuralcharacteristics of enterprise, enterprise alleged detachment competitionbehavior and the structural characteristics of the market. Finally, the fifthchapter puts forward some preliminary suggestions and prospects separatelyfrom the legislative level and judicial level.