Research On Bundled Discount In The Perspective Of Anti - Monopoly Law

The bundled discount is related to the price discount of multi-product and mixed bundling, which is different from the single-product discount or the quantity discount. If the bundled discount is analyzed in the Antitrust Law, this action should be comparatively analyzed with the similar actions, such as tied sale, predatory pricing and price discrimination. Although there are some relationships between the bundled discount and the other actions, the differences are obvious. The characteristics of it are the consumers’rights to choose products freely, the self-diversity market and the relations between the cost and price of the multi-product discount. Based on these characteristics, when the bundled discount damages the competition affecting the consumers’ benefits in the long term, the Antitrust Law will do the legal analyzing to the bundled discount around these characteristics.There is a blank field in the bundled discount in China, whether in legislation or enforcement. However, the juridical practice and theory development of the bundled discount in USA and EU can give us some clear guides. In the case law countries like the USA and European countries, the attitude of the Antitrust Law to the bundled discount experienced the process from completely positive to the partly objective. In the legal analysis, these countries take the cost analyzing rule to mainly analyze the relations between the cost and price of the multi-product discount, each of them provide the active cost examination rules. In the meantime, they set the "safe harbor" for prices of the different types of bundled discount to protect the bundled discount with positive economic effect. Although some bundled discount actions are thought to be illegal, the rational counterplead reasons of these actions exist. The rational counterplead reasons are also parts of the analysis for the bundled discount in USA and EU. Therefore, the examination of the bundle discount by the Anti-monopoly Law in the USA and EU is mainly focused on the relations between the cost and price of the multi-product discount.In the legal analysis of the bundled discount, this paper analyzed the bundled discount from the subjects, objective actions and the effects on competition by drawing lessons from USA and EU. When the illegality of the bundled discount is recognized, this action would be set under the "abuse of the dominant market position", so the subjects of this action should have the dominant market position. The analysis of the objective actions of the bundled discount is focused on the relations between the cost and price of the multi-product discount. The examination rules of the incremental costs are provided to point out the deficiency of the discount distribution rules in the scale cost by referent the discount distribution rules in USA. The Antitrust Law analysis of the bundled discount should be comprehensive combining the effect from the bundled discount to competition, besides from the subjects and objective actions. The influence of competition from the bundled discount, which is the damage of competition made by the bundled discount, also make an effect on the consumers’ benefits indirectly.Although there is a blank place of the bundled discount legislation in our country, the bundled discount can be applied to the regulations of "abuse the dominant market position" and the regulated regulations of price discount by legally analyzing the bundled discount. Under the framework of abuse the dominant market position, the detailed and active rules around the relations between the cost and price of the multi-product discount, and the effect on competition by the bundled discount are provided.