The Study On Definition Of The Relevant Product Market In Internet Industry

Definition of relevant product market is an important system of anti-monopolylaw. Related products market is a range of similar products or substitute productsproduct which can competition with. And with the rapid development of Internetindustry, disputes between Internet companies constantly, so the Internet industryrelated products market definition become the important content of academic study.In this paper, from the characteristics of the Internet industry, we can learn aboutthe Internet industry has network effect, locking effect, compatibility with thestandard, the characteristics of the two-sided market, so in the application oftraditional theory of the relevant product market definition has its limitation. In orderto solve these problems, we should develop the theory on the basis of traditionalrelated products market definition. America established its theory of the relevantproduct market definition in the legal precedent and the Merger Guidelines.There aremany Internet company cases which are related to the Definition of relevant productmarket provide us valuable experience. With the continuous development of oureconomy, the Internet industry is developing rapidly, the competition betweenenterprises is becoming more and more fierce, but provisions of the relevant productmarket definition is very abstract in China’s anti-monopoly law. The system cannotadapt to the development of our antitrust law situation. To be specific, the defects oflegislation, law enforcement and judicature reflect the situation. Faced to thechallenge, our country should perfect the legal system of related products marketdefinition in Internet industry. Firstly, we should follow the general principles ofChina’s anti-monopoly law. We should adjust the SSNIP and introducing newconsideration factors. Secondly, the establishment of independent the anti-monopolyenforcement authority is a indispensable part of perfection of related products marketdefinition system. At the same time, we should set up professional talent team foranti-monopoly enforcement. Thirdly, we should defines its relevant product marketbased on its specific type according to the detail of the case. We can reduce theimportance of the related product market definition under certain condition. And weshould the establish case guidance system.