Study On Tying Arrangements And Legal Regulation

As an action that abusing ascendancy, the regulation of tying arrangements has long been an important issue in competition law. It is widely thought that tying arrangements not only can bring results with destroying the order of market competition, such as heightening entry obstacle, excluding other competitors, but also can harm the legal right of purchasers. However, it is the rational for the existence of tying arrangements. Many countries regulate tying arrangements in competition law. The system of China's competition law goes integrated with the actualization of"Antitrust Law of the People's Republic of China". However there are conflicts between"Antitrust Law of the People's Republic of China"and"Anti-Unfair Competition Law". Therefore, studying tying arrangements has great theoretical and practical significance for perfecting and harmonizing the system of China's competition law.This dissertation researches the theory's evolvement of tying arrangements through comparison method, economical analysis method and so on. The dissertation researches the judge standard of tying arrangements for combining theory and practice through analyzing classical cases especially. At last this dissertation points out what should we do to perfect the regulation rule of tying arrangements in our country's competition law and ascertain the judge standard.The dissertation is consisted of five parts. The first part analyzes definition of tying arrangements, compares tying arrangements with correlated action, introduces its familiar modalities and classify, then analyzes its composing parts.Partâ…¡introduces the economic theory and legal theory of tying arrangements. Economical analysis method has been used on tying arrangements more than other methods. The Classical School thinks that tying arrangements can transfer a monopoly's power from one market to another market. In this way, the monopoly can monopolize two markets and obtain more profits than single monopoly. Thus, this theory thinks tying arrangements is illegal. On the other hand, Chicago School regards that tying arrangements can enhance efficiency so it is legal. However, Post-Chicago School point out the deficiencies of Chicago School by economic study. They conclude that tying arrangements may restrict competition. Legal theory introduces free competition theory of competition law and state intervention theory of economic law. Partâ…¢compares legislations of mostly developed country on tying arrangements. This part mainly focuses on the laws of USA. It systematically introduces the laws on tying arrangements of mostly developed country.Partâ…£introduces judge standard of tying arrangements. This part analyzes the development of judge standard on tying arrangements through reviews judicial cases. Looking back the development of tying arrangements'judge standard, the influence of the Classical School's Per se illegal was very great in justice area. Along with the emergences of the Chicago School and Post-Chicago School, the competition law's regulation on tying arrangements has gone tempered and Rule of reason was began to be used in justice practice.Partâ…¤reviews, concludes and values the competition law's regulation rule on tying arrangements in our country. This part reviews"Notice on Seriously Solving Tying Issues"and analyzes the deficiencies of"Anti-Unfair Competition Law". This part mainly analyzes correlative rules of"Antitrust Law of the People's Republic of China". It is concluded that we should emend"Anti-Unfair Competition Law"and perfect"Antitrust Law of the People's Republic of China"to harmonize the system of competition law.