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Legal Difficulties Related To Market Definition And Countermeasures

Posted on:2015-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:G M WuFull Text:PDF
GTID:2296330467468049Subject:Economic law
Abstract/Summary:PDF Full Text Request
Defining the relevant market as a competitive analysis of the subsequent logical startingpoint, plays a vital role in the monopoly cognizance. The Internet, as an emerging industry,defines its relevant market where there has been controversy and does not form a unifiedstandard. As the case:360vs. Tencent, the Court firstly adopts the "hypothetical monopolisttesting method", taking free users into consideration, finds QQ software and socialnetworking sites, microblogging constituting the same relevant product market, and verdictsno monopoly. Significance of this judgment can be described as major. On the one hand, it isrecognized in the field of instant messaging for the first time, thus creating a new path ofantitrust lawsuit for Chinese Internet industry, pushing the Internet industry professionalpractice in the antitrust laws. On the other hand, it clarifies the Internet industry for"technological innovation, free competition and unfair competition boundaries" which playsan significant part in promoting the Internet towards healthy, innovative, and open direction,and maintaining a good network market competitive order. However, due to the QQ softwarewith new features differs from traditional industries, most of the existing defined models arebased on the unfixed prices, thus leading to the court meets many challenges and difficultiesin defining the relevant market in terms of QQ software, leaving many debatable and scrutinyplace. Therefore, to strengthen constantly antitrust litigation in the Internet sector, we shouldfurther improve the existing antitrust rules of the network economy, strengthen the guidingrole of relevant cases, change the traditional way of thinking, explore new definition modes,thus making an accurate and scientific definition, and really breaking the Internetmonopoly in order to create a competitive, innovative, open environment. This paper paysattention to the case of360vs. Tencent, and divides into four parts:The first part is the review of cases. This part describes the merits of the case, the thrustof the court’s judgment, and the focus of in this case.The second part is the dispute of the focus of legal comments. The focus of the dispute inthis case part of the judgment is analyzed from the perspective of antitrust law to consider thecourt’s gains and losses.The third part is the relevant market definition QQ software predicament. This partanalyzes the QQ software to define the relevant market in terms of facing difficulties and challenges, and thus proposes targeted measures for the smooth conduct of antitrustproceedings.The fourth part is defining the relevant market QQ software countermeasures.Suggestions and countermeasures are dealing with the dilemma of the QQ software, includingaspects of guidance from the legislation, case, ways of thinking, defining methods, in order toremove obstacles of the antitrust laws in applicable field of the Internet, and promote thesmooth development of antitrust cases.
Keywords/Search Tags:Relevant market, Two-sided markets, Free features, Hypotheticalmonopolist test
PDF Full Text Request
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