Research On The Illegality Of Tying Arrangement Of The Enterprises In Exclusive Market

The development of market economy and good market competition order have close relationship.However,various monopolistic behaviors,especially the behavior of abusing market dominant position by enterprises in exclusive market,are greatly undermining market competition order,which is to the disadvantage of the healthy and orderly development of our socialist market economy.The promulgation and enforcement of the Anti-monopoly Law in our country especially puts forward that the state will regulate the anti-competitive behavior of enterprises in exclusive market.But,due to the particularity of such subject,the complexity of these subjects' economic activities and the defects of relevant laws and regulations,the effect of anti-monopoly regulation on these subjects of our country is not to our satisfaction.Tie-in sale is one of the behavior types of abusing market dominant position.With the increasingly fierce competition in the market,tie-in sale has become a very popular marketing means among major market players,and enterprises in exclusive market are no exception.Nevertheless,because tying arrangement has both negative and positive effects to the market,it becomes a difficult problem for the state to regulate the behavior effectively.Staring from the typical case of Wu Xiaoqin v.Shaanxi BC&TV Network Intermediary Co.,Ltd.,this paper briefly describes the basic information of the case and the results of the trial of first instance,second instance,retrial,as well as the basis of three trial decisions.Based on the above content,the paper detailedly analyses controversial focuses of the case.For example,whether the service provided by Shaanxi BC&TV Network Intermediary Co.,Ltd.to Wu Xiaoqin constitutes tie-in sale or not and if it's behavior belongs to tying sale,whether the behavior is prohibited by the Anti-monopoly Law of our country.Then,taking the above content as foreshadowing,the paper thinks deeply about the problems that appeared during three trial processes and gives a deep analysis of the problems that exist in regulating thetying arrangement of enterprises in exclusive market.Finally,by learning from the beneficial experience of other countries and combining the fundamental realities of our country,the author,separately from legislation,law enforcement and judicature,puts forward some suggestions for the perfection of our country' s competition law system about regulating the illegal tying arrangement of enterprises in exclusive market,including the judgment standard of illegal tie-in sale,the jurisdiction of anti-monopoly law enforcement agencies and courts on the above mentioned acts,legal liability of enterprises in exclusive market and so on.It is hoped that the jurisprudential circle and judicial practice circle of our country could carry on more and more research of tying,and the state could perfect relevant legislation and identify the judgment standard of the nature of tying arrangement,so that it can better guide judicial practice and safeguard judicial justice.