On The Illegal Identification Of Tying Behavior

Tying in China can be seen everywhere in daily life,the form of tying is very complecated.With the development of society and technology,tying emerge in endlessly,the subject of tying showed diversified trends,the way of illegal behavior showed complex and diverse and it may damage market competition.Therefore,almost all over the world include tying into the competition law regulations.The countries which law is.more developed in Europe and America,in addition to analysis tying.in law,but also developed a broad range of economic theory,from various angles reveals the effect of tying on competition.By contrast,the economic theory of tying and legal system in China is premature,therefore,it is necessary to perfect the regulation of tying law,so that tying law is operational in the judicial practice.The article is based on the study relating to the tying of the economic theory and research on the legal system to analyze the effect of tying on competitive market,put forward the illegality standard about tying finally.Meanwhile,analyze the present situation of our country's legal regulations in tying and reference the experience of foreign related legislation,in order to put forward legislative suggestions regulation for our country's legal regulations,hoping for provide a useful reference for our country to build a better legal system of tying.The article is divided into four parts apart from the epilogue:Part one:overview of tying.This section introduces the basic meaning and property of tying arrangements,from the perspective of different scholars interpreting the definition of tying,which refines tying the concept in General,so that readers can know what is in the article begins tying,thus have a preliminary understanding about tying.Part ?:the theory of illegality judgment of tying.The part elaborate the theory of tying from the cognization in economics and the evolution of the tying of illegal judgment criteria,to elaborate tying theory development and research advance.Part ?:the part's analysis is from foreign legislation and practice,introduced tying legislation in the United States and the European Union and Japan.At the same time,the part also analyzes specific mode of application of these laws when discussed extraterritorial laws.Through the analysis of the legal application of extraterritorial regulations,we can get useful experience of tying to provide a useful reference for the construction of China's legal regulations.Part ?:the illegality of the rules of tying.First,introduce identified principles of illegality of tying,now common principle in the world is per se illegality principle and rule of reason basically,our country formed own principles thoung reference identified principles of law in the world,that is based on rule of reason,per se rule as a supplement to recognize the illegality of tying.Secondly,clearly the illegality standard of tying:1,Tying goal;2,Dominance of market;3,The characteristics of the goods;4,forced or conditional requirements;5,restricting market competition.Tying is found of these five criteria.Part ?:identified legal basis of tying and its perfection in China.The part starting from the current situation of China's legislation on legal regulation of the tying,in-depth analysis the lack of regulation to tying in Chinese anti-monopoly law,as well as advanced foreign experience for reference and put forward proposals to perfect the antitrust law in regulations tying.