Analysis Of The Anti-Monopoly Regulation System Of Tying Behavior In The Sale Of Tobacco Products

First of all,this paper starts with the definition and characteristics of tying,and traces the economic theoretical basis of tying,mainly the theoretical definition and practical application of harbing behavior by Harvard School,Chicago School and Post-Chicago School.At the same time,combined with the United States,Japan,the European Union,and China's?Anti-Monopoly Law?on the provisions of the illegal tying behavior,the criteria for judging illegal tying,from the United States,Japan,the European Union,China's Taiwan region,China's current ?Anti-Monopoly Law?judicial practice and related laws look at the standards of national recognition,the concept of the tying behavior in tobacco products sales,the elements of composition,the focus from the market position,there is no reasonable The tying reason,the arbitrage of the tying product and the mandatory tying behavior determine the tobacco tying behavior.In this part,it is clear that the tying behavior is mandatory,harmful,and the products are relatively independent;Analysis of the causes and regulatory difficulties in the tying behavior of tobacco products sales.Based on the management characteristics of the “two sets of people and horses” in the tobacco industry,the tobacco industry that has been granted the monopoly status by the law is applicable to the anti-monopoly.There are differences in the issue of the law,which has led to difficulties in the regulation of the tobacco industry,but In practice,the tying of tobacco products not only brings social harm,but also brings harm to the tobacco industry,mainly in the case of causing “secondary monopoly”,that is,in the case of monopolization in the national tobacco market,due to the tying of specific tobacco products.As a result,a regional monopoly market is formed.On the basis of monopoly,new and small regional monopoly phenomena appear.In addition,the paper further analyzes that the difficulty of regulation is mainly reflected in three aspects.First,there is a legal possibility.Justified reasons,mainly from the economic theory of tying,that tying behavior does not necessarily have a negative impact;second,there is a possibility of a reasonable way of industry management.As a national monopoly enterprise,the tying behavior can effectively broaden the market and at the same time better resolve the unfavorable external sales environment.Third,it is difficult to regulate the maintenance of national interests;finally,from the perspective of the?Anti-Monopoly Law?,the regulatory path for tying behavior in the sales of tobacco products is derived.The first part of the thesis is mainly about theoretical introduction and concept definition and cause analysis.The second part is mainly to study the necessity and difficulty of tying behavior regulation in tobacco industry,to study the manifestation of tying behavior of tobacco enterprises,and then analyze the existence of tying behavior.The reason and the harm of the behavior to the society and the tobacco industry itself,based on the necessity of the above regulations,further clarify the difficulties in regulation under the current state,the legal "possible justifications",the necessity of internal management,the contribution of the national economy,etc.The considerations are all about the difficulty in regulating the tying behavior of the tobacco industry.The third part is to explore the regulatory path of tying behavior in the tobacco industry,focusing on the relationship between harmonizing laws,The path to regulate tying behavior.