Study On Tying Arrangement From The Perspective Of Antimonopoly Law

Tying arrangement or add other unreasonable conditions refers to the manager using his predominant positions in the market and betraying the willingness of the customer, while selling a product or service, he requires the customer to buy a product or accept other service as a condition, or makes unreasonable restrictions toward the product (service) price,the object of sales,the territory of sales etc.The regulation of Tying Arrangement is only a small branch of Antimonopoly law. As one way of abusing the predominant position in the market, it will result in restraining and excluding competition and will heighten entry obstacle which leads to the harmful effects of the free competitive market. So, We need the regulation towards it. Our nation is under high-speed development and the method of tying arrangement becomes much more complex, which brings great challenge toward the antimonopoly work. Then, the research and analysis on tying arrangement under the antimonopoly has great theoretic and practical meaning.This article studies tying arrangement from legal aspects by using comparative methods and dialectic argument method. After comparing the American and EU's legislations and practices and combining the Antimonopoly Law and Anti-unfair Competition Law's legislation and shortages,the author proposes the suggestions on how to improve it.The whole article can be divided into four parts. The first part illustrates the definition of tying arrangement based on the scholors' theory from home and abroad and the forming standard of tying arrangement concluded from the microsoft antimonopoly case. The second elaborates the harmful effects of tying arrangement,including the entry barriers,evasion of governmental price regulation,benefit from asymmetry,price discrimination, which lays a foundation on the analysis of the necessity of tying arrangement regulation. The third part clears the legislation conditions of tying arrangement,first analyses the US and EU's legislation on tying arrangement and introduces the Antitrust Law and EU Treaty and hope it shed some light on our legislature. The author presents the problems existed in the current legislation after comparing the Anti-unfair Competition Law and the Anti-monopoly Law combining the implementation conditions. The last part proposes the improving methods toward the problems existing now, which mainly includes the confirmation of the forming standard and it's law-breaking judgement standard and the improvement of the liability system from the perspective of civil liability,administrative liability and procedure and the coordination of implementing main body etc.