Research On The Definition Method Of Relevant Market In Anti-monopoly Of Internet Industry

It has been 11 years since the entry into force of the Antimonopoly Law in 2008.In the course of implementation,the anti-monopoly law enforcement agencies have handled thousands of antitrust cases,collected huge fines,and the law enforcement has entered the norm.The implementation of anti-monopoly justice has also been strengthened,and the influence of civil litigation cases has increased day by day.The effective implementation of anti-monopoly law has played an important role in protecting and further promoting free competition and fair competition,and has made outstanding contributions to the development of China's market economy system.In recent years,the Internet industry is booming,all kinds of Internet companies and Internet products such as bamboo shoots after a spring rain generally appear in the market.At the same time,Internet companies and their products have become an important part of people's survival and life,deeply affecting and changing the mode of production,means of livelihood and living habits in modern society.The Internet is becoming an important driving force to promote the development of the world economy and the transformation of the global economy,and has created great economic and social benefits.In the last decade,the competition in the Internet industry has intensified,all kinds of competitive participants are facing continuous shuffling in the industry,and the monopoly behavior of the Internet industry has begun to emerge one after another..For example,the HiQ v.LinkedIn case abroad,the popular comment on Baidu case in China by Facebook v.Power,and the recent cashier wrapped in Shunfeng Express,Sina and Jinri Toutiao.Competitors in the Internet industry begin to use their own market forces in the industry to restrict competition and implement monopoly behavior.However,because the Internet industry has the characteristics of bilateral market,free model and network externality in the transaction mode and competition mechanism,it has a great impact on the traditional antitrust law enforcement and justice,especially in the definition of the relevant market,facing the strict nature of the Internet industry.Challenges.In the traditional antitrust path,the definition of related market is the basis and premise of antitrust law enforcement and judicature.The traditional related market definition methods are mainly divided into qualitative methods and quantitative methods.The reference of qualitative methods to define the related markets is the cognition of consumers or producers,while the quantitative methods need to carry out economic analysis through large-scale analysis of market data.These methods are designed based on the characteristics of the traditional entity industry.In the Internet industry,because of the bilateral market,free model and network externality caused by the transaction mode and competition mechanism,there are many irrationality in using the current relevant market definition method.For example,when the Internet industry defines the relevant market,it is difficult to give indisputable or acceptable boundaries,and antitrust does not regulate free products or services and demanders' considerations are very different from those of the traditional industry.On the basis of absorbing foreign anti-monopoly theory and practical experience,combining with the characteristics of the Internet industry and the actual situation of our country,we can perfect the relevant market-defining method of our country from three aspects.First,to improve the hypothesis that the monopolist tests and divide the type of the bilateral market,according to the specific situation of the case,find out the one-side market where the core dispute is located,that is,the market that the platform receives the charge as the main analysis market.The market for free mode on the other side,as a secondary market,serves as a secondary market.Change the price variable,such as reducing the user experience of the related product;secondly,improving the alternative analysis method and adopting the surplus The alternative analysis method of profit model takes users into account.Finally,it reduces the position of related market definition in antitrust.In order to improve China's Internet antitrust system and promote the formation of a healthy competitive order in the Internet industry.