The Definition Of Relevant Market In The Cyber World Of The Anti-monopoly Law

The source of any competitive behavior must occur within a certain range of the market,which determining whether a market player has a dominant market position,and the key factor is to analyze its market reach. The relevant market of The Anti-Monopoly Law refers to the scope of goods and geographical location, in which operators compete with each other on a specific commodity or service within a given period. The Monopoly behaviors, such as monopoly agreements, abuse of market position, concentration of business operators will inevitably occur in a certain range of markets. The definition of the relevant market operator is obtained by dividing the size range of the field of competition, to define the operator’s behavior constitutes monopoly. Only through accreting definition of the relevant market, the operators in the market, the number of competitors faced and operators of the market size must be investigated, and it can determine whether the conduct of the companies involved to create a monopoly, which to limite competition. With the emergence of the Internet and monopolistic behavior, such as Tencent using its dominant market position bundling, Baidu using its dominant market position were differences in pricing,making the definition of the relevant market has become particularly important.The methods defining the relevant market in The Anti-Monopoly Law in general is the product of an alternative analysis and hypothetical monopolist test, but with the constantly updating of the internet products, it is difficult to analysis the product.And the Internet market have a similar factor with two-sided market, so that the hypothetical monopolist analysis becomes more difficult. In addition, the Internet industry has network externalities, lock-in effect, mutually complementary needs,which gives the band to the problem. However, our current definition of the relevant market measures have been unable to adapt to the development of the Internet industry. China should learn from European countries, and form the legal basis and the legal level, to perfect China’s methods about relevant market.