Definition Of "Relevant Regional Market" Under Antimonopoly Law

The definition of relevant market is the foundation of nation establishes a system of perfect anti-monopoly law major,its relevant geographic market boundary is the key in the process of antitrust enforcement,although flexibility is bigger,it can reflect the resulting of antitrust law and policy.With the advent of the era of "Internet+",the new economy industry development,makes the monopoly problem related to the new economic industry become the focus of academic debate.On March 28,2013,the outbreak of the 3Q war finally ushered in the Guangdong High Court of the first instance verdict.The judge at the trial the relevant geographic reference a large number of information for the global market,and then draw the Tencent act doesn't constitute the conclusion of abuse of dominant market position.The plaintiff Qihoo think the first-instance judgment unreasonable factors are relevant geographic market for the national market rather than the global market,hence appealed to the supreme people's court,request for definition the relevant information market.On October 16,2014,the Supreme People's Court made a final verdict:to maintain the verdict,dismissed Qihoo company's all litigation claims,Tencent does not constitute a monopoly.The case has the dust settle,always a trial premise in antitrust cases of determining the principle of "relevant market" is no longer "standing".So,in the rapid development of the new economic industry today,and what criteria to define the relevant geographical market?This problem is worth our thinking.Based on the perspective of the contrast of traditional industry and new economy industry,the author makes a comprehensive analysis of relevant geographic market.The first chapter is the introduction part raises the problem,and uses the well-known traditional industry and new economic industry of typical case of "Brown Shoe" and "Beijing Qihoo technology co.,LTD.V Tencent Technology(Shenzhen)Co.,LTD.Monopoly" to draw out the article topic.In the second chapter of the article,the author analyzes them separately,lists the different views,compares the similarities and differences between the traditional industry and the new economic industry,and compares the defining elements of the two related regional markets.In the third chapter,the author draw lessons from the foreign countries and regions of different related theory and the law of regional market,and compares international different practices of the traditional industry and new economic industry of regional market definition in different periods.The fourth chapter is through a series of comparative summary of the traditional industry and the new economic industry to determine the factors,draw more use of the national market,caution with the global market conclusions.The last part is conclusion.I will study these issues in order to clear the boundaries between the traditional products and the new economic products,and provide reference and help for the regional market.