【作者】金枫梁

【期刊】Computer Law & Security Review Volume 35, Issue 1, February 2019, Pages 59-68

【摘要】The existing notification threshold for Chinese control of concentrations between undertakings is a turnover threshold, complemented by amarket sharethreshold. The business model adopted by platform enterprises in thesharing economy, where services are provided free and subsidies are given to the platform's basic users, make it very hard for platform enterprises to produce notable turnover for a long period of time; therefore, the turnover threshold is unlikely to be satisfied in the context of concentrations. On the other hand, it is also not appropriate to apply the traditional methodology of constitutionality analysis and the SSNIP (Small but Significant and Non-Transitory Increase in Price) test to define the relevant market for the sharing economy, which is characterized by a two-sided market and cross-group network externalities. The size-of-transaction threshold reflects the importance of the number of basic users to themarket powerpossessed by platform enterprise and has the same advantages of transparency and certainty. Therefore, legislation can be used to introduce the size-of-transaction threshold to Chinese control of concentrations between undertakings in addition to the traditional turnover threshold.

【关键词】Sharing economy  Turnover threshold  Market share threshold  Size-of-transaction threshold Number of basic users