Regulation On Tying From The Perspective Of Competition Law

Tying is a common economic behavior in the market economy.As one of the behaviors of abusing the dominant position of the market,tying can play a role in restricting competition,improving the barriers of entry and distorting the market structure.In particular,the monopoly enterprises in the high-tech industry are very easy to use the strategy of technology tying to abuse the dominant position of the market.Therefore,it is a practical legal problem to take active interventions in illegal tying.Tying was prohibited as an unfair competition act in Anti-Unfair Competition Law of 1993.However,the law did not regulate some important issues like the market position.The essence of the tying behavior that undermines the order of competition is the abuse of the dominant position of the market.As the tying was included into the anti-monopoly law in 2007,the legal regulation of the tying behavior in China began to be clear.In the newly revised Anti-Unfair Competition Law in 2017,the articles of the tying were finally deleted.This paper is divided into four parts.First of all,the definition and nature of tying are defined.The focus of this paper is the behavior that a market dominated company abuses its market power and does not have legitimate reasons for tying goods.The second part is mainly about the related law's extraterritorial investigation.The leverage principle and the reasonable principle are both important theoretical achievements.The criterion for judgement for the market power in the European Union is also worth learning.The third part focuses on the analysis of three typical cases.Through analysis it can be concluded that,when being suitable in complex practice,the standard of judging the tying is too general.The fourth part mainly aims at the shortcomings mentioned above,putting forward the idea to perfect the relevant legal system.The judgment standard of the illegal tying could be further refined.The anti-monopoly law enforcement agencies should strengthen their independence and authority.The legal liability of tying also could.