On Regulation Of Premium Sales By Competition Law

Premium sales is a kind of promotional activities. If the commodities come with a reliable quality and reasonable price, its legitimacy is nothing wrong, because it is the transfer of profits to purchasers. In the start-up phase of a business, premium sales helps it promotes its fame rapidly and expands market share. But on the other hand, the use of such sales depends on the speculative psychology of the buyer who would like to gain additional benefits through the purchase, and is the inducement to the buyer in nature. In the current period of China's commitment to developing the socialist market economy, and building a harmonious society, premium sales has an irreplaceable role in the start-up of market and the production and operation of businesses. However, due to the shortage of accreditation and restriction of China's current less operational and targeted laws and regulations, premium sales was abused as a tool of promotion in unfair competition by many businesses and operators at a wide range, for example, the Glanz air conditioners case of Guangdong Glanz Group, the premium coin case of Zhejiang Hua Le Rubber Industry Co. Ltd., and so on. The continual emerge of unfair premium sales of many businesses and operators violate the normal market competition order and the inherent business practices, and cause significant harm to the healthy and orderly market competition and the legitimate rights and interests of consumers. At the basis of the analysis of the actuality, harmfulness and causation of the premium sales in china, this thesis aims to compare and analyze the relevant system of premium sales in Germany, France, Japan, the United States and China's Taiwan region, put forward the primary concept of the regulation the unfair premium sales in China's market economy with a view of the reality of China's market economy order. This thesis includes five parts, the main contents are as follows:Depends on an entry point of three cases, the first part leads to the subject of this thesis, and describe the pros and cons of premium sales briefly, the attitudes should be held of premium sales acts, and the current research situation of premium sales in china, and outlines the main content and the research methodologies of the full text.The second part mainly describes the meaning and legal nature of premium sales, and discusses the legal and practical basis for define premium sales as the contract of sale on the basis of cases and China's "Anti-Unfair Competition Law" and "Some Regulations on the Prohibition of Unfair Competition in Premium Sales".The third part discusses the specific methods and the representation harmfulness of the premium sales in China at the present stage, pointing out the damage of premium sales for China's market competition order, social resources, buyers and national interests, and analyzes the lack of regulation of premium sales in existing laws and regulations and its causation.From the three perspectives——the development process of the competition law, the regulation of premium sales and the significance of it, the fourth part compares and analyzes the relevant legal regulation of premium sales in Germany, France, Japan, the United States and Chinese Taiwan, points out that the different regulations of premium sales made by various countries are based on their specific political, economic, historical and cultural traditions.Part five points out that, in order to improve the legal regulations of premium sales in China, on the one hand, we have to establish reasonable and appropriate value targets and form a healthy and orderly competitive environment, protect the legitimate rights and interests of producers, sellers and buyers; on the other hand, we must change the concept of legislation of regulations related to competition law, expand the scope of regulation of premium sales, to enhance the operability of the laws and regulations, and through the establishment of Anti-Unfair Competition Law action to strengthen the justice relief.