The Research Of Bundled Discounts In Anti-monopoly Law

As a marketing mode of companies facing to the fierce market competition,bundled discounts are widely used in economic life. Bundled discounts are not the same as tying, bundled sales, and there is certain difference between bundled discounts and loyalty discounts, gifts payment. Bundled discounts can save production costs, improve economic efficiency,increase the purchaser of welfare and social total welfare effect. However, a company which has a dominant market position maybe lead to eliminate or restrict other competitors, harm the consequences of an orderly market competition, it will also damage the legitimate rights and interests of buyers. Therefore bundled discounts should be incorporated in the anti-monopoly laws. Bundled discounts incorporated in the anti-monopoly laws have the following three components: enterprise abusing its market dominance, the anti-effects, and there are no reasonable justifications. With the further development of economy and the increasing competition in the market, the cases about bundled discounts begin to appear. However, our current anti-monopoly law on bundled discounts to the rules of this system is missing. Based on the dangers of bundled discounts and the antitrust laws pursuit to justice, fair, order and efficiency goal, it is necessary to carry out bundled discounts of legal regulation of the anti-monopoly law. As the leader in the field of antitrust law, the United States antitrust law and the European Union competition law are mature in the theoretical research, legislation and legal practice,which have a strong guiding significance to our country’s anti-monopoly law regulation about bundled discounts. On the basis of the western model, I put forward the legislative Suggestions on how to regulate bundled discounts from the following aspects: clearing three elements of bundled discounts; Determining the recognition principle of bundled discounts- reasonable principle; Establishing the cognizance method of bundled discounts;Setting up the legal liability system combined the necessary civil responsibility with administrative responsibility and criminal responsibility;Specifying justifications.