| With the rapid development of Internet technology,the impact of the Internet on our social and economic industry increasingly deepened,but this new economic form has also brought new challenges.Internet industry is based on technological innovation as a core competence.Alibaba,Baidu,Netease and Tencent these Internet companies,by virtue of the Internet technology innovation achievements in their respective fields,represented the pinnacle of their position.But technical innovation is not the norm,Internet companies to maintain their status,most direct or most effective way to achieve a monopoly in order to exclude competition "technology".In order to maintain the healthy development of market economy in China,promote the progress of related technologies for the emerging field of Internet industry,it is necessary to implement the anti-monopoly regulation.But how reasonable and effective anti-monopoly regulation is a current urgent problem.The key to solving this problem is to precisely definition of the relevant product marker.The current definition of the relevant product market methods includesubstitutability method,supply substitutability method and "SSNDP" method.But these traditional methods have shown some limitations when applied to the Internet area.Internet industry be provided with network externality,he number of users directly affects corporate earnings.However,users of the Internet companies have a locking effect,which limits the elasticity of demand in the market,making use of includesubstitutability method to precisely definition of the relevant product marker in a narrow range.Internet products are mostly virtual product,which has a strong dynamic and compatibility,therefore finds that alternative products more difficult.Besides,the free property of Internet products and the characteristic of the two-sided markets bring SSNIP method a challenge and greatly reduce its accuracy.China’s antitrust regulation of Internet,and Industry regulation is still in the exploratory stage,the existing definition of the relevant product market theories and methods can not effectively deal with these challenges,so the research on the relevant product market of the Internet industry has a dual problem of defining the meaning of theory and practice.For the Internet industry is different from the traditional industries of special problems,theoretical study to define the relevant product market must follow certain basic principles.First of all,to the interests of consumers first,and taking into account the guiding role of economic policy;secondly,to follow the basic principles of antitrust law,should be conducive to competition,protection of competition in the Internet industry,is to promote technological innovation;also emphasis on theory in practice operability.Only with the basic principles of the theory,it will not deviate from the legislative purpose of the antitrust laws.In defining the relevant product market study how the Internet industry in the process,should also be combined with the characteristics of the Internet industry are analyzed,which made accurate analysis to reasonable and effective definition of the relevant product market.Internet industry can be classified processing to avoid expanding its product range.Many Internet companies are taking a cross-platform business model,defining their relevant product market,should be combined with the Internet business model to analyze the profitability,give full consideration to its bilateral market effect,to prevent the scope of its product market definition is too narrow.For dynamic and compatibility issues of Internet products,may be considered the core technology test method to grasp the product’s features and attributes the problem.With a basic definition of analytical methods needed three angles in the legislative,judicial,law enforcement on the problem of defining the relevant product market a full range of Internet optimize the sound.From legislative angle,China is mainly based on "the antimonopoly committee on Definition of Relevant Market Guide",however,the guide only for the traditional enterprise issues relevant product market analysis guidance.Therefore,China Anti-Monopoly Committee as soon as possible for the emerging problem areas to improve it;In the administration of justice,established case guidance defining the relevant market guidance system,improve the work efficiency of the lower court.For the plaintiff in the antitrust lawsuit in the difficult problem of proof may be appropriate to reduce the burden of proof on the plaintiff in the judicial process;On the enforcement front,our anti-monopoly law enforcement agencies lack comprehensive talent,thus establishing an independent anti-monopoly law enforcement agencies and professional law enforcement team is imperative.Defining the relevant product market of the Internet industry is a very complex process,the work of the anti-monopoly law enforcement professional requirements are very high,which requires at its disposal antitrust knowledge,technology and the Internet must have a certain cognitive abilities. |
