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在反垄断法上,“相关市场”的界定往往是展开竞争分析的出发点和前提。为了使其界定的结果更加符合实际情况,各国的执法机构在实践中纷纷引入经济分析的方法,并且总结出了许多界定的规则,但是由于经济生活的极度复杂性,使得这一界定过程充满了不确定的因素。加之考虑到司法成本的投入和法官素质要求过高等限制性条件,要想精确地界定“相关市场”的边界便显得十分困难。
In the antitrust law, the definition of “related market” is often the starting point and premise for launching competition analysis. In order to make their definition more realistic, law enforcement agencies in various countries have introduced the methods of economic analysis in practice and summed up many defined rules, but due to the extremely complicated economic life, this definition process is full Uncertain factors. In addition, given the restrictive conditions such as the input of judicial costs and excessive demands on the quality of judges, it is very difficult to precisely define the boundaries of the “relevant markets”.