Study On Tying Arrangement In Antimonopoly Law

U.S. Microsoft case pushes the tying arrangement to a high point ofanti-trust field. Tying arrangement is essentially reflected as a forced selling behavior,used to solidify market position, enforce the buyers and sell a commodity or provide aservice that requires the buyer to purchase or accept the alternative goods or servicesunrelated to the transactions carried out. Countries basically make regulations of tyingarrangement, but how to rationalize identified on this behavior is not easy. Therelevant legislation in China is also showing some principles and empty fuzzyregulations. As a leader in the field of anti-trust, relevant legislations and practices ofU.S. antitrust law and EC competition law show a good guide to newcomers.This paper is divided into six chapters on the system, the first chapter introducesthe basic facts of the Microsoft case, and the contention of the parties to the dispute.The second chapter is divided into two sections, the first section is a generalintroduction to tie-in sale, the second section summary tying arrangement constituentelements through the analysis of the Microsoft case. The following chapter analyzesthe purpose of it, and made a legal evaluation on it. From the fourth chapter going tothe focus of this article, the fourth chapter describes the relevant theory and illegalbehavior principles for identifying. The fifth chapter lists the relevant legislation andenforcement of the behavior in the U.S. and EC. The last chapter analysis someshortage of the Chinese law, and then, put forward some of my own proposals from the legislation of United States and the European Union.