Study On The Definition Of Relevant Product Market Of Antitrust Law In China

With the implement of antimonopoly law in our country, the accurate definition of relevant market more and more important, it has become the key of antitrust case. Our country "antimonopoly law" in paragraph 2 of article 12: " relevant market in this Law refers to the operators in a given period carried on a particular product or service(hereinafter referred to as product) competitive product range and geographic scope." Due to its more general, our country the antimonopoly commission in May 2009 and enacted the antimonopoly commission on relevant market definition of guide, to define the definition of relevant product market and factor has carried on the detailed rules. But still exist in the process of the implementation of the concrete such as interoperability is poorer, consideration without order, types and collecting evidence is not legal, Law enforcement agencies have no unified, and other issues. This need for thinning related definition of product markets, define methods need to be further innovation, introduce new economic analysis tool, causes it to become more maneuverability. This paper carried out a certain research, and on the basis of the theory and experience of other countries for reference to perfect our relevant product market definition.This paper consists of four parts. The first part is an overview of the relevant product market, explains the importance of the relevant product market, the basic connotation and defining principles. The second part describes the method of defining the relevant product market, combined with legislative and practical experience in the U.S. and Europe, on the pros and cons of each method commented. The third part of the theory and practice of defining the relevant product market is analyzed. The fourth part of the problem in the relevant product market defined faces were thinking, in view of the relevant product market definition problems from SSNIP test method normalization, supply substitution specific, systematic collection of evidence and administrative enforcement unified organization made four recommendations to improve.In this paper, we study mainly adopts the following methods. First method is literature research. Both understand related literature research status of related product market definition. Second method is historical analysis. It had changed from focusing on the static fair Harvard Law School, focusing on the dynamic efficiency of Chicago Law School, and then focusing on a comprehensive analysis of the Chicago school of law and other methods and theories in different periods. Third method is the comparative analysis. The method of defining the relevant product market compares with the US and the European Union methods for learning well. Fourth, the case study method. Case analysis shows the importance of defining the relevant product market and the deficiency of relevant methods and judicial legislation of China. Than putting forward suggestions to improve.