Study On The Legal Definition Of The Internet Relevant Market

With the great development of the internet, relevant business competitions become more and more fierce, as to our human beings, other than the convenience it has brought to us, we have to face the new challenge of this new economic pattern. Technology innovation is the main competitive force in the Internet industry, and the combination of technologies is easy to form monopoly. With the cases of anti-monopoly in Internet area increasing rapidly, the Internet area becomes the focus of anti-monopoly legislation in China. The anti-monopoly legislation is necessary, while how to make laws reasonably and effectively is the challenge at present. And the key point for solving this problem is to define the relevant market precisely. Traditionally, the relevant markets are defined by the relevant product markets and relevant regional markets, however, this traditional method for definition can not be well applied in the special filed---Internet. Factors, such as, the Zero Marginal Costs of the software, emerging information products and the imbalance among the Internet products of their regional distribution, make many traditional methods based on the fluctuation of price can not well play their roles. These are the challenges brought by the development of the Internet to the definition of relevant markets, and this essay mainly focuses on how to cope with these challenges, how to change the methods and finally to explore a system targeted at the defects of the definition of the Internet relevant markets.Thus, this essay puts forward three system designs, including establishing the core principle based on the reasonable principle for the definition of relevant markets, strengthening the legislation on the Internet Intellectual Property Rights and fully applying the Chinese characteristic guiding cases, together with five methods for relevant markets definition based on practical experiences to remedy the defects of the traditional methods, they are market clusters test method, enterprise type test method, profit model test method, product performance test method, and sales mode test method.