Study On Tying Arrangement Legal Problem

The regulation of tying arrangements has long been an important issue in competition law. As a action that abusing ascendancy, tying arrangements not only can bring side-effects such as heighten entry obstacle, exclude other competitors , alter market structure, but also can harm the legal right of purchasers and deprive their choice freedom. However, the existence of tying arrangement sometimes is reasonable, and so it is not being entirely forbidden in each national competition law. China is now in the transition period, the form of tie-in is more complex and diverse than before, more consumers and businesses are impacted by the tie-in, which put forward the challenge to the limited provisions about tie-in of Chinese "Anti-unfair competition law". Therefore, studying and analysing tie-in have great theoretical and practical significance for improving tie-in provisions of Chinese competition law.All through history research methods and methods of dialectic arguments, provides a comprehensive inspection for undersanding tying arrangement from the legal perspective and by its economic assessment , draws the United States and the EU system and practices experience and explores the actuality and deficiencies of Chinese "Anti-Unfair Competition Law" regulating tying arrangement, and then makes suggestions to improve it.The paper consists of four parts. The first part is on tie-in jurisprudence analysis , which provids theory basis for our comprehending and regulating tie-in. Part II analyzes and evaluates system and practices of overseas regulating tie-in, for improving Chinese law provides an important reference. Part III starts from the legislative actuality and practices of Chinese "Anti-Unfair Competition Law" ruling tying arrangement and brings forward the deficiencies. Last part proposes legal countermeasures from the aspects of legislation and executive the law and so on to improve Chinese competition law regulating tie-in.Among these, the part I fistly starts from the positive and negative economic effects of tie-in, then clears the necessity which competition law rules tie-in, and on the basis of the envolvement of competition law regulating tie-in, analyses law-breaking judgement standards, which provide a more comprehensive perspective for our understanding tie-in;Part II separately introduces and evaluates the system and practices of the United States antitrust law and the EC Treaty regulating tie-in as a reference to improve Chinese relevent legal provision;Then, exploring and analysizing the correlative provisions of Chinese "Anti-Unfair Competition Law" and some cases in our life, in light of Chinese actuality and learn from relevant foreign experience, makes the existing inadequacy. Last, puts forward the legal countermeasures that improve our competition law to regulate tie-in, including explicit legal mode regulating tying arrangement, legislative suggesstions that perfect relevant legal provisions and establishing an independent law enforcement agencies and so on. Thereinto, the legislative suggesstions include perfect general provision and idiographic provisions which comprise clearing implementary main body^ establishing law-breaking judgement criterion ^ perfect corresponding legal liability etc.