Anti-monopoly Law Regulation Of Financial Tie-in Behavior

Financial tie-in behavior is widely used by financial institutions in financial field. On the one hand, this kind of behavior can bring some positive effects,for example increasing profits for financial institutions, or reducing the consumers purchase cost. But on the other hand also has some negative effects, such as violate consumers freedom of choice and lead to restrict competition. So, it is very important to discuss how to regulate this behavior.In our country’s promulgated laws and regulations, administrative rules and regulations of local government, all did not use this legal term "financial tie-in behavior", so the financial tie-in behavior has not formed an authoritative legal concepts. In contrast, in the United States, the European Union, Japan and other countries and regions those have establish a mature financial market, financial tie-in behavior is highly valued, and the purpose of legislation to regulate this behavior is the protection of consumer rights and interests. The anti-monopoly law regulation on financial tie-in behavior, is essentially due to this behavior is a kind of tie-in behavior which just happened in the financial field. Although compared with common products for tie-in behavior has particularity, but on the legal analysis is based on existing tie-in behavioral theory framework. At the same time, only through the economic law of the constitution, anti-monopoly law regulation, it can fully reflect the harm to financial market caused by this behavior, and can fundamentally curb financial institutions also continue to use this behavior destroy the free competition of financial environment and infringes upon the legitimate rights and interests of consumers.When use anti-monopoly law to regulate financial tie-in behavior must fully consider the exemption system because of the positive effects of it, establish a well exemption system can give full play to the financial tie-in behavior of congenital advantage. Therefore, it is must give a comprehensive introduction for "per se rules" and "reasonable principle" before building a financial nature monopoly tie-in behavior criterion. The composition of financial tie-in behavior also cannot leave the definition of related products, this is also our country’s law currently blank.Financial tie-in behavior has long been prohibited by the financial regulators, but it has been despite repeated prohibitions, so from the perspective of anti-monopoly law to regulate, not only is the insufficient of tie-in behavior in perfect anti-monopoly law regulation of needs, but also the need of introduced our country finance code.