The Definition Of Relevant Market In The Internet Industry

The relevant market definition is the stone of the basic anti-monopoly law system, and is a collection of products or services which been sold in the monopoly price can still be profitable. Under the influence of structure Paradigm advocated by the Harvard School, The definition of the relevant market and the calculation of market shares and measures of concentration derived from these shares have been used to specify thresholds. The key definition of the relevant market is the method of defining it. Only by using proper can we define a more objective scope of the relevant market. With the increase of cases on the Internet industry abuse of market dominance, different courts have divergent opinions on the definition of the relevant market. Taking the 360 v. Tencent case as the breakthrough point, this paper tries to analysis the challenges and reasons faced in the context of the Internet when we use traditional methods of market definition on the basis of relevant market definition theory. Meanwhile, this paper also introduces the innovative exploration of the academic fields, foreign antitrust law enforcement agencies and judicial organs on the definition of Internet relevant market. And put forward suggestions on the definition of Internet relevant market in China by virtue of demonstrating the feasibility of the application of the proposed methods.According to the logic of issue raised-issue analyzed-issue solved, the paper is divided into four parts.The main content of the first chapter is the summary of the basic theory of the relevant market, including the definition of the relevant market, the role of the method and the meaning of the application of the premise, as well as comments and so on. This part focuses on the interpretation and analysis of the relevant market definition methods making a theoretical preparation for the second chapter.The main content of the second chapter is the specific characteristics. Combined with the specific cases and from the definition of the relevant product market, the definition of relevant geographic market and SSNIP test, this chapter explains the dilemma of using traditional methods to define relevant market in Internet industry directly. These difficulties reflect the strong non-applicability when traditional methods face the new features of the Internet industry. Therefore, the way to solve the problem of defining the relevant market in the Internet industry is to improve the traditional definition methods with combination of the attributes and characteristics of the Internet industry.The main content of the third chapter tries to find out the suitable methods for the definition of relevant market of China’s Internet industry through the analysis of the process of definition, the methods and ways of thinking of the practices of foreign anti-monopoly law enforcement agencies, courts and views of foreign scholars.The main content of the fourth chapter is the conclusion of this paper, which is based on the demonstration of previous three chapters. This part will give suggestions for improvements to our current definition methods, in order to apply them to the definition of relevant market in the Internet industry in the future.