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Research On Anti-monopoly Regulation Of Loyalty Discount Behavior

Posted on:2020-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:D H LiFull Text:PDF
GTID:2416330575467470Subject:Law
Abstract/Summary:PDF Full Text Request
Loyalty discount refers to the performance of the operator according to the loyalty of the counter party.For example,The discount for the number of commodity transactions,transaction amounts or trading shares accumulated during the time period.The “buy 1000-100” promotion that often appears on the market is a loyalty discount.It can be said that the loyalty discount is a price break given by the seller in exchange for the customer's promise to obtain a given percentage from the seller.The discount offer is the seller's commercial pricing behavior,which has a certain inductive effect,which can stimulate the purchaser to increase the purchase amount and make the consumer profitable,which is a normal market competition behavior.The dominance status is combined with the loyalty discount,and different discounts are given according to the degree of loyalty of the relatives in the transaction process,which may result in anti-competitive blockade effects and anti-monopoly regulation.At present,there is only one case of loyalty discount regulation in China,namely the Tetra Pak case.Due to the implementation of the loyalty discount in 2009-2013,the State Administration for Industry and Commerce imposed a fine of more than 660 million yuan.As a common business behavior,loyalty discount behavior should be used for anti-monopoly regulation when it is used by market dominant positions to exclude and restrict competition.The loyalty discount behavior is a kind of commercial behavior that may constitute a monopoly consisting of three factors: market dominating subject,customer loyalty and price discount behavior.Loyalty discounts bind customer loyalty to price discounts and attract customers to increase loyalty through price discounts to create anti-competitive effects.For the first time,China's Tetra Pak has carried out anti-monopoly regulation on loyalty discount behaviors.There are problems such as lack of certainty,non-uniformity of regulatory principles,inaccurate regulatory elements,and lack of anti-monopoly regulation exclusion rules.On the basis of the experience of European and American loyalty discount anti-monopoly regulation,combined with China's specific national conditions,and the improvement of China's loyalty discount behavior anti-monopoly regulation system measures,it should be clear that deterministic loyalty discount is an exclusive abuse of market dominance.Learn from the US "effect principle" to make a reasonable analysis of the anti-competitive effect.Analyze the two essential regulatory elements of the exclusion of equal-efficiency competitors and the loyalty share of relevant market customers,and quantify the data analysis,legal analysis and economic analysis of “anti-competitive effects”.Combined,accurately assess the substantial impact of loyalty discounts on market competition.Adding exclusion rules for anti-monopoly regulation in China,providing clear guidance for merchants to implement loyalty discounts.
Keywords/Search Tags:Loyalty Discount, Tetra Pak, Antitrust Regulation, Principle of Recognition, Regulatory Element, Exclusion Rule
PDF Full Text Request
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