On Regulation Of Tying In Anti-monopoly Laws

In recent years, our country has studied more and more about anti-monopoly laws. At the same time, tying has also been paid more attention as a specific system. According to the traditional theory, tying not only limit the competition but also violate consumers' right to choose. As the competition in today's markets is becoming fiercer, some scholars propose that tying aren't always the same. From the respective of economics, we think that some tying also can promote the efficiency and then benefit consumers. We should distinguish those beneficial tying from others. Starting from the reality of economic life, taking the handling of new cards as an example of tying, this paper makes a deep study of anti-monopoly laws of tying. In addition, through comparative and historical analysis, as well as based on the general theory of tying, this paper conducts a complete analysis of both domestic and overseas tying regulation, and proposes a set of suggestions in order to perfect the tying system of anti-monopoly laws in our country.This paper is made up of four main components. The first part makes a theoretical study, including the decision of tying, essential constitution elements and criterions. After synthesizing various decisions proposed by different scholars, we make a final decision in general. Expounding three elements constituting the tying, we judge tying from a totally new perspective. Then comparing Per se Rule with Rule of Reason, we think that criterions for illegal tying should be chosen according to the specific condition. The second part mainly introduces regulations related with the anti-monopoly law overseas, so we can make some references. Firstly, we analyze and evaluate legislative provisions and practical experiences of the anti-trust law in the US. Furthermore we select some experiences from them which would be beneficial for us to perfect the legislation of tying. In this part, we also make studies of the legislative regulations in EU, Japan and Taiwan respectively. In the third part, starting from the reality of our legislative regulations of tying, we analyze the defects of them, laying a solid foundation for those proposals afterwards. The last part, based on inadequacy of the essential elements, legal duties, good reason and law enforcement agencies of our current anti-monopoly laws. Combining the lessons we learnt from overseas with the specific situation of our country, we make some recommendations as how to perfect our tying regulations of anti-monopoly laws.