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Bundling Law Studies

Posted on:2013-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:D YuFull Text:PDF
GTID:2246330395450178Subject:Law
Abstract/Summary:PDF Full Text Request
The regulation of tying arrangements has long been an important issue in competition law. As a action that abusing ascendancy, tying arrangements not only can bring side-effects such as heighten entry obstacle, exclude other competitors, alter market structure, but also can harm the legal right of purchasers and deprive their choice freedom. However, the existence of tying arrangement sometimes is reasonable, and so it is not being entirely forbidden in each national competition law.China is now in the transition period, the form of tie-in is more complex and diverse than before, more consumers and business are impacted by the tie-in, which put forward the challenge to the limited provisions about tie-in of Chinese competition law. Therefore, studying and analyzing tie-in have great theoretical and practical significance for improving tie-in provisions of Chinese competition law.All through history research methods and methods of dialectic arguments, provides a comprehensive inspection for understanding tying arrangement from the legal perspective and by its economic assessment, draws the United States and the EU system and practices experience and explores the actuality and deficiencies of Chinese competition law regulating tying arrangement, and then makes suggestions to improve it. The full text is divided into three sections:The first chapter elaborated the basic theory of tying from the perspective of economic and legal overview, and the concept of tying, type, and how to judgment tying illegal or not.The second chapter analyzed the regulation of domestic and international law on tying behavior, as well as the existing exemptions of tying. This chapter mainly elaborated on the necessity of legal regulation of tying, Liability of illegal tying and the liability exemptions of tying.The third chapter analyzed the status quo of tying behavior regulation system from our of the legal system of the status quo of Chinese tying behavior, analyze the problems of the "Chinese Anti-Unfair Competition Law" and "Chinese Anti-monopoly law on this issue and defects, and proposed some recommendation about how to complement our competition law in terms of legislation and enforcement countermeasures.
Keywords/Search Tags:Tying, Liability, Exemption
PDF Full Text Request
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