试论互联网平台市场支配地位的认定
Determination of Market Dominance of Internet Platforms

自我国《反垄断法》颁布以来，反垄断的实践逐步完善，保障了市场的有效竞争和平稳运行，发挥了重要的维护市场竞争的作用。随着平台企业如雨后春笋般浮现并迅速占领了市场，平台经济高速发展的同时对于互联网平台企业的反垄断执法也面临了不少问题和挑战。个别互联网平台企业的垄断乱象集中爆发，严重影响了消费者权利和市场的有序竞争，这暴露了我国平台经济的反垄断实践存在着不可忽视的漏洞和脱轨。本文以《反垄断法》针对互联网平台的市场支配地位的认定为研究对象，在结合法学知识的基础上运用案例分析法和法解释学等方法，对我国目前互联网平台企业的市场支配地位认定这一条件进行分析，同时介绍了发达国家和区域如欧盟和德国的反垄断法律中对于市场支配地位的认定因素和立法考量，进而提出改进的建议。
Since the promulgation of the Anti-Monopoly Law of China, the practice of anti-monopoly has been gradually improved, ensuring the effective competition and smooth operation of the market, and playing an important role in maintaining market competition. As platform companies have sprung up and quickly occupied the market, the anti-monopoly law enforcement of Internet platform companies has also faced many problems and challenges while the platform economy has developed rapidly. The concentrated outbreak of monopoly chaos of individual Internet platform companies has seriously affected the rights of consumers and the orderly competition of the market, which has exposed the existence of loopholes and derailment in the anti-monopoly practice of China’s platform economy that cannot be ignored. This article takes the determination of the market dominance of Internet platforms in the Anti-Monopoly Law as the research object, and uses case analysis and legal hermeneutics on the basis of legal knowledge to analyze the conditions for the determination of the market dominance of Internet platform companies in my country. At the same time, it introduces the identification factors and legislative considerations for market dominance in the anti-monopoly laws of developed countries and regions such as the European Union and Germany, and then puts forward suggestions for improvement.