Research Of Anti-monopoly Regulation In The Field Of Tying Sale

In China’s economic transitional period, tying sale becomes one of the ways the enterprises abusing their market dominant position The forms of tying sale have become complicated and innovative during this time, and have won more consumers and received more attentions. The development of tying sale also challenges the legal system and judicial practice. It is widely accepted that tying sale is both positive and negative to competition. The disciplines to regulate the tying sale are different among countries. The America’s disciplines are per se illegal and Rule of Reason, while the European Union’s discipline is only rule of reason. China’s attitude towards the regulation on tying sale have become clearer after the anti-monopoly law issued, however, the content of this law tends to be fundamental and obscure which makes the juridical authority confused on the tying sale. Therefore, this essay aims to give improvement suggestions on anti-monopoly law.The first part is the legal generation of the concept, component, theoretical basis and competitive effect of tying sale, which provides the theoretical basis for the analysis of tying sale and offers the ideas of legal basic theory suited for China’s situation.The second part is the analysis from the perspective of foreign legislation to offer advices for the specific regulation through the introduction of legislation of European Union and America on tying sale and the study of related cases.The third part is the current situation and existent problems of tying sale in the legislation and practice of China. On the foundation of antitrust law, the author tries to give some pragmatic suggestions for the legislation and juridical practice from the following perspectives:firstly, detailing the warrant through ensuring quality, cutting cost, improving efficiency and reducing risk of new products; secondly, improving the legal liability of tying sale by determining offence determination standard and setting up an specific and independent anti-monopoly administrative agency.