Research Of Antitrust Regulation On Loyalty Discounts

As a common discount strategy,loyalty discount is an important means for the enterprise to compete in price,and it is also the key point of the regulation of antitrust laws in various countries.In general,the loyalty discount can reduce the consumer's purchase cost,stimulate consumption,improve brand loyalty and promote the development of the whole industry.However,when the main body of loyalty discount behavior is a dominant company,loyalty discount may become a monopoly tool,which will damage market freedom and fair competition.At present,China's antitrust law is still short of specific provisions on loyalty discounts,and there are many problems in the practice of law enforcement.Therefore,this article will systematically discuss the legal regulation of Chinese and foreign anti-monopoly law on loyalty discounts,and further improve the identification and regulation of China's anti trust law on loyalty discounts.In addition to the introduction and conclusion,the article consists of the of the following four parts:The first part is the definition of the concept of loyalty discounts,the main forms of expression and an overview of the impact on competition.Firstly,this section discusses the definition of loyalty discount in the economic and legal circles,and extracts the characteristics of the loyal discounts that need the attention of the antitrust law.Secondly,it analyzes the difference and connection between loyalty discount behavior and other behaviors such as price discrimination and predatory pricing,and clarifies the nature of loyalty discount behavior.Finally,the dual influence of loyalty discount on competition is introduced.It is pointed out that when the antitrust law should focus on the anti-competitive effects of loyalty discounts when regulating loyalty discounts.The second part summarizes the illegality of the loyalty discount.This part mainly introduces four constituent elements that need to be considered in reviewing whether the loyalty discount behavior is illegal or not,including the market dominant position of the main body,the purpose of anti competition,the abuse of behavior and the anti competitive effect of the behavior.The third part is the analysis and reference of the standards for the determination of the loyalty discounts of the EU and the United States.This section first introduces the statutory provisions of the EU and the United States in the identification of loyalty discounts.Secondly,it introduces the reasonable principle that the European Union and the United States apply in the affirmation of the loyalty discount.Thirdly,the EU and the US used the "equal efficiency competition test" and "price-cost test" analysis method to analyze the counter competitive effect of loyalty discounts.Moreover,the European Union and the United States need to exclude reasonable defenses in the judgment of loyalty discounts when the act is illegal.Finally,it introduces the reference significance of the antitrust regulation of the loyalty discounts in the EU and the United States.The fourth part is to analyze the dilemma faced by China's antitrust law on the regulation of loyalty discount and put forward the corresponding solutions.This section first introduces the difficulties faced by China's anti-monopoly law in regulating loyalty discounts,including some problems such as vague legislation,unclear standards of illegality review and conflicts between the authorities.In view of the above problems,it puts forward the principles and reasons for identifying loyalty discounts,establishing a review standard based on effect,adopting a reasonable antitrust test method,setting up a safe port system,and adjusting the powers of administrative law enforcement authorities.