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准确界定相关市场对反垄断法在银行业的有效实施具有非常重要的意义。由于垄断力的判断必须在特定的市场范围内进行考察才有意义,如果相关市场界定不准确,就会对判断经营者的市场份额高低造成影响,直接关系到反垄断法能否适用的问题。相关市场必须根据行业的特点来界定,同时还应根据变化的情况及时进行修正,特别是在银行业经历较大变革时期。美国在长期的反垄断实践中积累了很多经验,也有很多教训,值得我们深思和借鉴。
Accurately defining the relevant markets is of great importance to the effective implementation of the anti-monopoly law in the banking industry. Since the judgment of monopoly power must be investigated within a specific market range, if the relevant market definition is not accurate, it will have an impact on the judgment of the market share of the operator, which is directly related to the applicability of the anti-monopoly law. Relevant markets must be defined according to the characteristics of the industry, and at the same time, they should be amended in time in light of changes, especially in the period when the banking industry experienced a period of great change. The United States has accumulated a great deal of experience in long-term antitrust practice and has learned many lessons that deserve our consideration and reference.