Research On The Definition Of Relevant Markets In The Internet Industry From The Perspective Of Antitrust Law

In the 21st century when the Internet economy has become increasingly prosperous,China's Internet industry is facing the dilemma of chaotic competition and lack of legal regulation.This will not only seriously impede the rapid development of China's Internet economy,but also undermine the normal market competition and consumer rights.The definition of the relevant market is the key to defining the market scope of competitive behavior and thus regulating the vicious competition order.This article adopts the economic analysis method,the case analysis method and the comparative research method to sort out the ambiguous status quo of the relevant market of the Internet industry in our country.From the perspective of legislation and legal practice,this paper discusses the improvement path of the relevant market of China's Internet industry.In addition to the introduction and conclusion,the main content of this article is as follows:'The first chapter:The abuse of market dominance by the Internet industry and its identification.This chapter first clarifies the emergence and development of China's Internet industry,and summarizes the nature and characteristics of the new economy generated by the Internet industry.Then it elaborates the concepts and types of the abuse of market dominance in the Internet industry,and reveals the difficulties of regulation due to the particularity of the behavior.Finally,the criteria for identifying abuses are proposed to elicit themes related to the definition of the relevant market in the Internet industry.The second chapter:The basic theory of defining the relevant market of the Internet industry.This chapter first introduces the analysis of the relevant market of the monopolization of the Internet industry by various theoretical schools of traditional economics,including the Harvard School,the Chicago School,and the post-Chicago School.Then,on the basis of traditional economic theories,the theoretical research on the Internet industry's bilateral market in today's academic circles is elicited.Then the three market-defining dimensions of the Internet industry,namely related product markets,related geographic markets,and related time markets,combine the three market models of the Internet industry—search engine services,online transactions,instant messaging,and relevant markets inside and outside the domain.Define the theory for in-depth discussion.Finally,it elaborates on the status quo and practicalexperience of foreign countries in defining the relevant market for the Internet industry,and provides reference for China' s imperfect legal regulations.The third chapter:Realistic Dilemmas in the Definition of the Relevant Markets in the Internet Industry.This chapter analyzes typical cases defined by relevant markets in China's Internet industry,sums up China's practices in defining relevant markets and its internal and external factors that conflict with theories.First of all,it introduces the internal factors that lead to the difficulties in defining the remaining difficulties in the relevant market of the Internet industry.Secondly,combining the above factors,it elaborates that due to the incompleteness of the principles,methods,and evidence rules defined by the relevant market of China's Internet industry,it leads to antitrust enforcement and justice in practice.Institutions cannot make corresponding legal reasoning.Moreover,law enforcement agencies usually do not actively intervene and cause cases to stagnate in the relevant market definition phase.These are the external factors that cause confusion in the order of competition in China's Internet industry.The fourth chapter:The perfection of the definition of the relevant market in China's Internet industry.In accordance with the reality of China's Internet industry,this chapter starts with the improvement of legislation and the improvement of defining methods to improve the institutional framework for the definition of the relevant market in China's Internet industry.First of all,through legislation to clarify the basic principles of the relevant market defined by the Internet industry,improve the relevant laws and regulations,and provide the correct system guidance for the definition of the relevant market of China's Internet industry.Secondly,according to the latest theory and practical experience at home and abroad,from the perspectives of improving the traditional methods and introducing new methods,the suggestions for perfecting the relevant market-defining methods of China's Internet industry are proposed.