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The Internet Industry Relevant Market Definition

Posted on:2016-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:X M TieFull Text:PDF
GTID:2296330467483335Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The Internet economy is the mainstream of modern social economy, the rapiddevelopment of fast make the whole market is enjoying its brings the value. Behind the rapiddevelopment of the internet is its full competition results, but the full completion producemonopoly, accordingly there will be problems of anti monopoly. Relevant market is in antimonopoly should be considered first, a question is also the most complex, because it’s onlyrelates to the use of monopoly is also the question of theory. The innovation of the Interneteconomy brings the characteristics different from the traditional economy to its, its marketfeatures in monopolistic competition, the bilateral market characteristics, the characteristics of networkeffects and dynamic competition. These new features make the internet product definition ofthe relevant market problems in the use of. Because of the overlapping of fuzzy boundary ofinternet products and traditional products market to make qualitative product substitutionproducts so that the SSNIP method can not bilateral market quantitative simply on the basis ofmarket price to judge the side to the definition of the relevant market. With the2010"360v.Tencent case" occurred, the relevant market definition of the Internet industry has become thefocus and difficulty of the controversial case, even more has aroused great concern oftheoretical, more exposed to the definition of the relevant market method understandingdeviation, can not accurately using the related method. The Internet industry in the definition injudicial aspects of the Internet,the definition of the relevant market method understandingdeviation, can not accurately using the related method.The Supreme People’s court360v.Tencent market dominant status given knowledge case method for defining the relevantmarket to Internet industry; the Internet industry in the definition of the relevant market attitudeand how to use a more reasonable definition of the relevant market method is applied in theInternet industry. In the case of abuse of market dominance, the reasonable definition of therelevant market, to correctly determine the operator’s market position, the operator behavior analysis oflegal responsibility of key issues such as the behavior is illegal, illegal operators in case need to bearthe impact of market competition,the judge, has important significance, Therefore to perfect the relevantmarket definition for the internet industry,we must first improve the relevant market definitionfor the interment industry, we must first improve the relevant market defining for the Internet industry,we must first improve the relevant legislation in the defining of the relevant market,enhance operability combined with industry characteristics; the establishment of professionallowed for cement team, change law enforcement confusion; establishing case guidancerelated to internet industry index; increase the relevant market definition method; heintroduction of "product bundle" definition, the theory and adopts a product attitude to theInternet industry in the relevant market. In the antitrust case in the trial, the definition ofrelevant market is often an important step analysis. To understand the characteristics of theInternet industry, the general method for defining the relevant market is the premise of clear,the correct definition of the Internet industry and relevant market; clearly definition the Internetindustry relevant market can determine its competitive situation, to determine the existence ofmonopoly.This article is divided into four chapters except the introduction and conclusion.The first chapter discusses the basic theory of the relevant market definition of Internetindustry. First discusses the basic overview of relevant market definition related marketconcept, the definition of relevant market definition and the definition of relevant marketfactors; followed by a brier overview on the Internet industry, the influence of defining thecharacteristics and the Industry characteristics of the main analysis of the Internet industry inthe relevant market.The second chapter discusses the definition of Internet industry brings challenges to therelevant market. First introduces the definition of related products in the market of Internetchallenge. Including qualitative product encountered substitution analysis problem andquantitative SSNIP encountered difficulties; secondly, analysis of the misunderstanding of thedefinition of the relevant geographic market of the internet.Including direct defining ofInternet geographic market defining of Internet geographic market for the “Internet” and thesimple.The third chapter discusses the legal regulation of the status quo and the judicial responseto the definition of the relevant market in China, and then points out its shortcomings. And thethrough the analysis of the odd tiger360sued Tencent abuse of dominant market position,which is a typical case that the Supreme Count in the trial of the reference and Englishment inthis case. The fourth chapter discusses the definition and the method of legal regulation of China’sInternet industry related market perfection suggestion. This chapter from two aspects. One is inthe construction of legal system, improve relevancy laws and regulations, the establishment ofan independent law enforcement team and improve the case guidance system. Two is thejudicial practice, new development, pay attention to market definition to introduce newconsiderations, the introduction of the relevant market defining method and establish the new“product bundles” rule.
Keywords/Search Tags:Internet industry, Definition of relevant market, two side market, network effect, SSNIP
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