A Study Of The Solutions And Problems Of The Market Definition In The Two-sided Market

The market definition is the first step of antitrust judicial practice. With so many disputes in the two-sided market, how to make the market definition has been a hot topic. As our country does not make a rule about the market definition in the two-sided market, the judicial practice is in trouble on this issue. As a result, I want to illustrate the problems of the market definition in the two-sided market. Meanwhile, I will put forward my idea on this issue after reading foreign legislation and cases.According to the order of "putting forward the issue——overview the legislation——the problem in the judicial practice——foreign experience——the relevant suggestions", the paper develops the problem and the solutions of the market definition in the two-sided market, and the paper can divide into five parts.The first part is introduction. It introduces the significance of the paper、the literature and the innovating points. During the introduction of the case between Qihu and Tecent, the paper puts forward the issue of the market definition in the two-sided market.The second part develops the overview of the theory of the two-sided market and the overview of the market definition. Compared with the traditional market, the two-sided market has some difference in the generation mechanism、operation and the pricing strategy. As so many characteristics of the two-sided market, the traditional method of the market definition cannot apply directly to the two-sided market. But it is also inevitable to make the market definition in the two-sided market, so this problem needs to be further discussed, seeking the solution.The third part discusses the problem of definition in the two-sided market, namely making the decision of the market definition in the two-sided market; isolating the market in the two-sided market; randomizing the alternative analysis; the failure of SSNIP test. This part respectively explains the reason and effects of this four problems as well.The fourth part introduces the foreign legislation and judicial practice in the market definition of the two-sided market. United States、European Union and UK has rich experience in the antitrust practice, I will develop the legislation and the judicial practice of these countries. These anti-monopoly agencies give a full consideration on the characteristics of the two-sided market, and analyze respectively in the two markets. They use the SSNIP test in a flexible way, and consider the effect on competition. Our country can take it as a way to get out of the trouble.The fifth part talks about the suggestion to make market definition in the two-sided market. On the basis of the foreign countries’solution and the conclusion of the scholars’ ideas, I put forward the suggestion respectively from the ideas and methods of the market definition in the two-sided market.