Abstract: Objective To introduce the Market Share Liability in Europe and America, so as to provide reference to our country. Methods By the methods of jurisprudence analysis and case study, this paper analyzed the definition, background and application of Market Share Liability, and made suggestions on its application in the field of drug infringement in China. Results The application of the Market Share Liability was based on the premise that the product was "alternative" and defective. At the same time, it was a special rule, mainly to solve the problem that the victims were unable to identify infringer due to the delayed drug injury. Conclusion Before we learnt from the European and American experiences to establish the Market Share Liability, we should clarify the definition of "alternative" and "defective", and establish a statistical mechanism for market share of enterprises, so as to provide a reasonable and feasible reference for the compensation system for delayed drug injury cases in China.

Key words: Market Share Liability, delayed drug injury case, "alternative"product, defective drug