Research On Anti-monopoly Problem Of Technical Tying

Technical tying is an act of operators,who tie two products together by technology,forcing the consumer to buy both of the tying product and the tied product.Technical tying is a special type of tying behavior.Technical tying in the market is not only promoting the development of innovation and technological progress,but also have a serious anti-competitive negative effect on dynamic market competition.The reason for the double attribute of technology tying is that operators may take some measures hindering competition such as blockading market and setting market entry barriers while setting up market dominance by using technological innovation."Microsoft Case" and "Google Case" have caused great repercussions in the global anti-monopoly field,which reflects the dilemma of Anti-Monopoly Law in the field of technical tying.However,the approach taken by anti-monopoly agencies facing technical tying cases shines with the brilliance of legal thought.By summarizing the experience of foreign law enforcement and justice,the following conclusions can be drawn: on the issue of single product,independent product inference can be made based on the direct and indirect evidence;the identification problem for the dominant position of the technology tying market should be based on the characteristics of the Internet enterprise and the market share of the operator should be calculated from the number of users;in the principle of applying the technical tying case,the purpose and effect of the tying behavior should be analyzed in depth through rule of reason;to evaluate the market competition effect of technology tying,attention should be paid to balancing the relationship between antitrust and promoting innovation.China lacks the judicial practice of technical tying and the experience in dealing with technical tying,which has also led to the lack of ability of China's anti-monopoly law enforcement agencies when face with the tying behavior of high-tech enterprises.Therefore,China should comprehensively consider the theory of technical tying,the typical jurisprudence outside the country,and the domestic market competition situation,and then get the basic idea that should be followed in the anti-monopoly regulation of technical tying: anti-monopoly institutions must adhere to the concept of protecting consumers,in the face of technical tying cases,adhere to the principle of prudent application,strictly abide by the boundary of anti-monopoly law enforcement,and strive to find a balance point in stimulating innovation and protecting competition,which are the attitude that China's anti-monopoly institutions should adopt at present.