The Research On Article 82 Of European Community Treaty To Regulate The Tying

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 obstacle,exclude other competitors,alter market structure, but also can harm the legal right of purchasers and deprive their choice freedom. Therefore, tying - the abuse of a dominant position, restricting competition, the conduct of competition law targets one of the regulatory system. As information technology, network technology and other emerging technologies as the main content of the new economic development, showing a bundle of tying different from the traditional meaning of the new features. For example, in the IT industry, the emergence of more and more modern computer operating systems will be able to have separate pricing and sale of the independent software up for sale, which led to a program in the computer's operating system to other manufacturers it is difficult to attract consumers. In the new economic conditions, both developed and developing countries are facing the same problem, namely, how to use competition law under the new economic conditions of tying conduct effective regulation system. On this issue, the EC competition law practice and legislation is at the forefront of the world. 2007, the EU v. Microsoft case judgment on how competition rules of the system bundled with the theory of perfect legislation, as well as of great significance. At this stage, our competition law is not perfect, the domestic on EC competition law on the regulation of bundled specialized research seldom. In this paper, the European Union v. Microsoft case as an opportunity to Article 82 of the EC as the center, tying the EU Regulation of the legal system to do in-depth research, with a view to improving the competitiveness of China's regulatory system for tying the system.The full text is divided into three sections. The first part focuses on the competition rules of the necessity of tying. From the concept of tying, introduced the general concept of tying, academic and legislative interpretation, and the tying and bundling clearly the essence of the same, based on this, the author of tying the concept to be defined. Then bundled in the economic behavior of double effect onthe promotion of competition and anti-competitive conduct evaluations, tying a clear system of laws and regulations by the need for competition. The second part of the EC Treaty on the 82 pairs of tying the regulatory system. The first part of the EC competition rules on the conduct of tying classic case - EU v. Microsoft case, Microsoft has raised the issue in the major problem. Microsoft integration of the EC Treaty on the first 82 pairs of tying the regulatory system. Tying acts constitute a clear element. EC competition law in the regulation of bundled system, the enterprises in the market dominant position in the ruling as a prerequisite for the abuse of tying, "barriers to entry" and "market share" judgment enterprises have become an important factor in a dominant position; forced two kind of independent product sales is the ability to determine tying together the key elements of the law; At the same time, EC competition law in the conduct of the enterprises tying regulation system, enterprises can be charged with legitimate grounds for defense. Europe and the United States v. Microsoft followed with a tying case analysis of the judgment of the principle of the law. The third part of the bundle of our country the status of the regulatory system, pointing out that China's "Anti-Unfair Competition Law" and the newly published "anti-monopoly law" acts of regulation tying the deficiencies and made a perfect system of tying competition rules the legal measures, which explicitly illegal tying the implementation of the main acts clearly constitute elements of the bundle, illegal tying perfect defense system and clear attribution of punishment tying principle.