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Definition Research On Relevant Market Of The Internet Platform Economy

Posted on:2020-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:C H SongFull Text:PDF
GTID:2416330575479443Subject:Economic Law
Abstract/Summary:PDF Full Text Request
As Internet technology enters a new stage of development,many Internet industry economies have emerged around the world.These industry operators clearly control the original characteristics of the Internet industry and accurately integrate it with the platform-economy,a multilateral economic business model,and have also achieved high returns while changing our way of life.The rapid development of the economy has accelerated the transformation of traditional industries.Due to the uniqueness of technology and economic characteristics,the Internet industry has formed a highly concentrated market and has become an industry focus of anti-monopoly work.Among them,the Internet platform economy is a new product of the times,but there are many difficulties in the field of anti-monopoly law enforcement.In the enforcement of anti-monopoly law,the definition of relevant markets is basic and premise work.China's "Guide to Anti-Monopoly Law" pointed out that the definition of relevant markets is usually the starting point for the analysis of competitive behavior and an important step in anti-monopoly law enforcement.Scientifically and reasonably define relevant markets,identify competitors and potential competitors,judge market share and market concentration of operators,determine their market position,analyze the influence of operators' behavior on market competition,and judge whether operator behavior is illegal.And key issues such as what kind of legal responsibility to bear in the illegal situation have an important role.The fundamental role of defining relevant markets applies not only to traditional areas,but also to emerging industries such as the Internet economy.Relying on the unique multilateral market nature of the platform economy and the unique cross-network externality,price asymmetry,user lock-in and product dependence,and technical standards of the Internet industry,the characteristics of the traditional industry are originally applied to the traditional It is difficult for the industry's analytical methods to be fully applicable to the definition of economically relevant markets for Internet platforms.The "Guidelines for the Definition of Relevant Markets" formulated by the Anti-monopoly Committee of the State Council draws on the experience of the EU and the United States.The methods defined in the guidelines are mainly aimed at products and services of traditional industries.These analytical methods are qualitative analysis of product analysis,including supply substitution method,demand substitution method,cross-price elasticity analysis method,etc.;or quantitative analysis method assumes that the Monopolist Test Method(SSNIP)is difficult to apply directly to the anti-monopoly law enforcement of the Internet platform economy by the existing analysis method.It is used to define the scope of the relevant market.This will bring huge difficulties to the anti-monopoly law enforcement behavior of the Chinese Internet platform economy.Although the Guide clarifies the concept of relevant markets and the importance of defining relevant markets,the eleven provisions listed therein are principled clauses and lack specific guidance on judicial practice.How does the court quote and how the academics interpret it? Both bring uncertainty.If this problem is not solved in the theoretical circle,it will not only hinder the healthy development of the most dynamic Internet industry today,but also bring other huge social costs.Therefore,how to improve existing analytical methods or explore new solutions is an urgent problem to be solved in the anti-monopoly field.Therefore,how to improve existing analytical methods or explore new solutions is an urgent problem to be solved in the anti-monopoly field.This paper analyzes the characteristics of the Internet industry and platform economy from the perspective of anti-monopoly and the theory of relevant market definitions,and clarifies the temporary market definition of related products brought about by the Internet technology and platform economic characteristics under the Internet platform economy.Inconvenient market selection,difficult product substitution,and assumption of the failure of the monopolist test method;in the definition of relevant geographical markets,due to the globalization and virtualization of the Internet technology,the definition method is not suitable;in the definition of relevant time market The meaning of its meaning is not given reasonable attention and its definition standards are still absent.Further explore the definition of the relevant market in the Internet platform economy to solve the above problems should be done in three aspects: First,the traditional definition methods such as the alternative analysis method,the assumption of the monopolist test method to make reasonable improvements to adapt to the definition of the relevant product market,At the same time,it introduces a new method for the economic characteristics of the Internet platform,such as the profit model test method and the product performance test method,to supplement and improve the market definition method of its related products.Second,it uses the classification definition method to define the different types of Internet platform products.The geographical market;the third is to define the relevant time market by referring to product cycle theory and intellectual property protection period restrictions.The article comprehensively improves the relevant market definition methods from the three dimensions of relevant product market,relevant geographical market and relevant time market,and realizes the definition of the economic market related to the Internet platform.
Keywords/Search Tags:Anti-monopoly, Internet Platform Economy, Two-sided Market, Relevant Market
PDF Full Text Request
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