“The Case of Alibaba’s Skyrocketing Ticket.”--How to Define Relevant Market Identification in Internet Antitrust Law from a Comparative Law Perspective
DOI:
https://doi.org/10.61173/vjgwv559Keywords:
comparative law, anti-monopoly law, functionalism, administrative penaltiesAbstract
This article would select the relevant market definition as a specific perspective as a research problem, and combined with the relevant provisions of the U.S. law. It takes the use of traditional comparative law in the concept of functionalism, in order to functional issues as a research method, to achieve a comparison between the two countries in the law under the provisions of the summary extracted from the different points. As a result, it could absorb and reference to the advantages of the laws of other countries in order to remedy for the filling of the shortcomings of China’s relevant legislation.
References
[1] Article 3 of the Guidelines of the Antimonopoly Committee of the State Council on the Definition of Relevant Markets.
[2] Chen Wang, (2012) “A Comparative Study on the Definition of Relevant Markets in Competition Law”, Overseas Chinese University
[3] The SNIP test refers to the method of first assuming that there is a monopoly producer of a certain product, and then observing the likelihood that buyers will switch to other substitutes within one year when the monopoly raises the price of the product by 5%.
[4] Robert Pitofsky, (1990) New De6flidom of Relevant Market and the Assault on Antitrust[J] .Colum. law Review, 90, 1805- 1807.
[5] Wang Xianlin, (2008) “On the Definition of Relevant Markets in the Implementation of the Antimonopoly Law”, in Legal Science, First Issue, 123-129.
[6] Dai Long, (2012) “Definition of Relevant Markets in Antitrust Law and China’s Orientation”, in Journal of Beijing Technology and Business University, First Issue, 118.
[7] Peng Xiaoshan, (2014) “Study on the Definition of Relevant Markets in the Enforcement of U.S. Antitrust Laws,” Master’s Thesis, Hunan Normal University.
[8] Dai Long, (2012)”Definition of Relevant Markets in Antitrust Law and China’s Orientation”, Journal of Beijing Technology and Business University (Social Science Edition), First Issue, 122.
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