Antitrust Law Research On Bundled Discount Behavior

Today,social market competition is increasingly fierce and complex,a variety of competitive behaviors emerge in an endless stream,which include the bundled discounts.Bundled discounts is a kind of price competition behavior,which can reduce the cost of production,improve economic efficiency,increase welfare of consumers and so on.However,some of the operators abuse theirs market dominance to implement bundled discounts,not only damage the legitimate and fair competition right of other competitors,but also in a certain extent harm indirectly consumers the rights and interests.What's more,they impact the overall interests of the community.As for this type of bundled discounts,we should pay attention to it and incorporate it in the fields of antitrust regulations as soon as possible.Besides the introduction and conclusion,the paper is divided into five chapters:The first chapter:The basic theory of bundled discounts.In this paper,the concept of bundled discounts is defined and the specific characteristics of the behavior are analyzed,and analyzes the relationship between the behavior and the related concepts of the bundled discounts(such as loyalty discounts,tying etc.).Then,combined with the theory of anti trust law,the article analyzes the legal nature of bundled discounts and defines it as the "seventh kinds" of the abusement of market dominant position in the anti-monopoly law.The second chapter:An analysis of the violation of bundled discounts.We analyze that the behaviors of bundled discounts in competition have a positive effect,but there are also some anti competition.The paper analyzes the harm of bundled discounts through the combination of the anti-competitive and other related theoretical basis,and analyzes and summarizes the constitutive elements of offense.The third chapter:The present situation and problems of our country's anti monopoly law.Based on the present situation of our country's anti-monopoly legislation and the practice of law enforcement,this paper analyzes the shortcomings of the current anti-monopoly law in our country,such as the unclear binding elements of the discounts,the recognized principles of fuzzy problems.The forth chapter:The foreign experience of the anti monopoly law of the bundled discounts.The article mainly analyzes the United States and the European Union on the regulation of the bundled discounts of current law,principle of identification,examination method and reason of defense.And we can get inspiration to perfect the related system of the regulation of bundled discounts.The fifth chapter is the suggestion of perfecting the legal regulation of the bundled discounts in our country.According to foreign experience and China's existing laws in the regulation of bundled discounts existed defects,the paper puts forward to improve existing regulation of bundled discounts law,perfect bundled discounts legal liability system and improve the anti monopoly law enforcement agency of the bundled discounts for the supervision mechanism.