Analysis of the Market Definition of Non-Intermediary Service Platform in Antitrust Law

Abstract

The judgment of the definition of market to the Internet platform has become the focus of the implementation of the Antitrust Law, but due to the huge differences between the Internet platform and the traditional industry, the traditional method of the market definition has lost its due role. After an in-depth analysis of the existing types of Internet platform economy, a new classification method is proposed, that is, the Intermediary Trading Platform and the Non-intermediary Service Platform. Combined with the unique characteristics of Non-intermediary Service Platform, it is found that these characteristics cause many problems, such as the difficulty of choosing the benchmark services, the analysis dilemma of profit sources, the failure of the traditional SSNIP test method, and the challenge of cross-support power measurement. After comprehensively measure the above problems, based on the behaviorism mode, according to the characteristics of Non-intermediary Service Platform, in the market definition requires the combination of the platform’s service independence, traffic support relationship, profit ownership, select the benchmark services can reflect the platform or specific service anti-competition effect, and improve the SSNDQ test, make it more to frame the market scope, provide real alternative for the subsequent market dominance and abuse and concentration review of judgment.