Legal Recognition Of Internet Product Tie-in Sales

Nowadays,with the rapid development of the Internet industry,the competition between enterprises is increasingly fierce.As a common means of competition,tie-in sale has been applied in Internet product sales for a long time,which has been criticized by many consumers.However,the current legislation for tie-in sale only stays in the principle provisions,there is no specific identification standards.Although the identification of market dominance has specific explanations,it cannot meet the special needs of the Internet industry.Therefore,this paper will start with the constituent elements of tie-in sales,analyze the status quo of market dominance,product independence standards,mandatory behavior and anti-competitive effect in detail,and focus on the characteristics of the Internet industry to put forward corresponding Suggestions for improvement,so as to better regulate the Internet product market and protect the legitimate rights and interests of consumers.This paper adopts the method of literature study,case study and comparative study.First of all,this paper introduces the scope of the Internet products studied,the definition of the Internet products,the reasons for the formation and the principles for determining the tie-in behavior.Secondly,after understanding the status quo of the identification of Internet tie-in product behaviors at home and abroad,the paper analyzes the problems of the existing identification methods and standards,such as the one-side of the presumption of market share,the inadaptability of product independence standards,and the difficulty in evaluating the competition effect.In view of the lack of legislation,theoretical inadaptability,and lack of corresponding basis in judicial practice,the identification of Internet product tie-in sale behavior is a problem.In view of the existing problems,this paper draws on the relevant legislative and judicial experience of the United States and the European Union to improve the requirements for the identification of Internet product tie-in sales in China.First of all,we should improve the criteria for determining market share and improve the method for calculating market share based on the size of users.At the same time,non-structural factors,such as market entry barriers,profitability and ownership of key technologies,should be taken into account when the dominant market position is assumed.Secondly,on the basis of the original standards to improve the identification of independent products,pay attention to innovation and consumer interests factors;Thirdly,it is necessary to comprehensively evaluate the competitive effect of the tie-in sale of Internet products,considering both negative and positive effects,and adding the investigation of subjective purpose and justification defense.