The Antimonopoly Law Regulation Of Tying Arrangement For The Perspective Of Microsoft Case

The United States Government v. Microsoft Corp case is considered as the largest U.S. antimonopoly litigation of the 20th century, which has attracted worldwide attention. Although finally the Microsoft Corp wasn't divided into two parts, legal regulation of tying arrangement pulled out from the case still needs fully consideration and exploration. Tying arrangement 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 another product as a condition. Some managers with market power can achieve its specific purpose through the implementation of tying arrangement, which also excludes competitors and undermines free competition and market order. Therefore, antimonopoly law of most countries has the regulation towards it, and how tying arrangement reasonable legal regulation is the most urgent need to solve the problems.Now, the level of our country's economy is under high-speed, and in actual life the tying arrangement appears in various forms, as for that our country's Antimonopoly Law newly birthing, many regulations of tying arrangement aren't clear and perfect, especially the research and analysis on tying arrangement has great theoretic and practical meanings. In this paper, it is in this condition, from the perspective of the United States Government v. Microsoft Corp case, some legal issues referring to the tying arrangement are seriously discussed ,and then a careful study about legal regulation of tying arrangement is carried out and finally improving proposals are put forward.The full text is divided into five sections except the preface and the conclusion, the body of about 20000 words.Part I: It makes an introduction of the United States Government v. Microsoft Corp case and points out that the essence of disputes is that whether the IE and Windows System are two separate products or not and if the tying arrangement of Microsoft Corp creates damage to competition and eliminates the other competitors.Part II: Based on the United States Government v. Microsoft Corp case, it makes an explanation to the basic issues of tying arrangement, which includes the definition and types of tying arrangement,the legal components of tying arrangement and the analysis of tying arrangement purposes. Part III: This chapter takes the influence of the tying arrangement towards the competition from the negative side and the significant meanings of legal regulation of tying arrangement, which draws a conclusion that antimonopoly regulations of tying arrangement are so necessary and significant.Partâ…£: It introduces the legislation conditions of tying arrangement from home and aboard, hoping that it sheds some light on our country's antimonopoly legislation.Partâ…¤: On the base of legislation conditions of tying arrangement from home and aboard, our country's antimonopoly regulations of tying arrangement are explored. At last, the problems of legal regulation towards tying arrangement existing in our country's Antimonopoly Law are indicated. The improvement of the relevant legal system put forward their specific recommendations.