互联网反垄断案件中的市场份额与经营者市场地位评估

The Evaluation of Market Share and Market Position in Anti-Monopoly Cases Concerning Internet Industry

与传统市场相比,在主要以技术创新和商业模式创新为核心竞争力的互联网"新型"市场中,大企业极易被造就。因此,当前我国互联网反垄断纠纷主要表现为"滥用市场支配地位"案件,而对市场支配地位的评估则是处理滥用案件的关键环节之一。一直以来,较高的市场份额是推定经营者具有市场支配地位的重要依据,但面对以互联网产业为代表的信息经济,这种传统的分析路径和方法受到诸多限制。在对特定互联网经营者的市场地位进行评估时,市场份额的作用及其具体计算等问题都应认真思考。

Compared with traditional markets, the ‘big business' is easily achieved in the emerging Internet market, which mainly takes technology and business model innovation as its core competitiveness. Therefore, China's Internet Anti-Monopoly disputes mainly manifested in ‘Abuse of Dominance'cases currently. The evaluation of market dominance is one of the key parts in the abuse cases. Traditionally, a higher market share of business dealer is an important evidence to presume it has the dominant market position. However, the traditional analysis path and method is being challenged in many aspects in information economy, which represented by Internet industry. When evaluating specifi c Internet operators' market position, many issues, such as what kind of role should the market share play, and how to calculate the market share, deserve serious consideration.