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Research On The Definition Of Internet Industry Related Markets In China's Antitrust Law

Posted on:2020-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:C G WangFull Text:PDF
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The main function of antitrust law is maintaining fairness in market competition.Since 1890,the Sherman Act,the first antitrust law enacted by the US Congress,has never stopped studying the theoretical research and enforcement of antitrust laws.After more than one hundred years of development,the anti-monopoly law has also formed a unique theory and system,and there are systematically defined ideas and methods in law enforcement.Defining the relevant market as a key part of the anti-monopoly law is of great significance in the study of the theory and practice of anti-monopoly law.Judging whether the behavior of the operator is a prohibited act stipulated in the anti-monopoly law,and whether it should be regulated by the anti-monopoly law,the first step is to define the relevant market.A series of antitrust investigations can be conducted by placing the behavior of the operator in the relevant market.Therefore,ensuring the scientific and rationality of the relevant market definition has a profound impact on the practice of anti-monopoly law.Therefore,in the process of establishing the anti-monopoly law system,China has also strengthened the legislation on the definition of relevant markets.In 2009,the "Guidelines on the Definition of Relevant Markets" promulgated by the Anti-monopoly Committee of the State Council is the only normative legal document defined by the relevant market in China at this stage.This guide has important implications for the definition of relevant markets in antitrust enforcement.With the rapid development of the Internet industry,various anti-monopoly disputes have emerged in an endless stream,posing challenges to anti-monopoly practices.The Internet industry has its own unique industry characteristics.The theoretical system and practical experience of traditional anti-monopoly law cannot be fully applied in the Internet industry.Traditional related market definition theories and methods have also been challenged by the Internet industry.Therefore,we should explore the anti-monopoly theory of the specialized Internet industry to cope with the ever-changing Internet industry.Over the years,antitrust disputes in the Internet industry have been everywhere.Whether it is Tangshan everyone v.Baidu case or Qihoo company v.Tencent's unfair dispute,etc.,or the extra-territorial Microsoft case,Google case,etc.,judges in the anti-monopoly case trial,pay more and more attention to the definition of relevant market Sexuality,from considering only unilateral market characteristics to consideration of bilateral market characteristics,and noting other Internet industry characteristics.The definition of relevant markets in the anti-monopoly law enforcement of the Internet industry is more and more scientific and reasonable.With the development of globalization,the anti-monopoly law outside the domain has its own unique views on the Internet industry.Therefore,it is necessary to refer to the specific legal provisions and cases defined by the relevant markets in the US and EU anti-monopoly laws,and analyze and contrast them to draw inspirations for China.Based on the theory of relevant markets in the anti-monopoly law,this paper combines the characteristics of the Internet industry,based on the status quo and case of China's legislation,and refers to the definition of the relevant market definition of the Internet industry in the United States and the European Union,with a view to perfecting the definition rules of relevant markets in China.And the system.
Keywords/Search Tags:Relevant market definition, Bilateral market, Internet industry, Benefit of institution
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