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Antitrust Regulation Of Loyalty Discount

Posted on:2020-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:T Y BaiFull Text:PDF
GTID:2416330623453743Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Loyalty discount is a widely used sales behavior in Market Competition.As with most pricing practices,discounting the price itself is beneficial to the consumer,but if the actor has market dominance,it may constitute abuse of the status under certain conditions.This kind of behavior has long aroused widespread antitrust concern in Europe and the United States,and the relevant case law and academic research results are rich.In contrast,China did not introduce it into the antitrust law until the 2017 Tetra Pak.Foreign theoretical research shows that loyalty discount,as a vertical transaction behavior between upstream and downstream,on the one hand,it may have the advantage of promoting sales,realizing economies of scale and reducing costs for upstream dominant enterprises.And the benefits of cost reduction can be further transferred to downstream buyers through discounts to solve the vertical incentive problem and ultimately benefit consumers.However,under specific market conditions,actors may implement this kind of behavior by virtue of the advantage of dominant position,crowd out competitors,damage the restriction of competition,in order to consolidate their own position,this situation needs to be regulated.At the same time,there are no clear legal provisions corresponding to the existing anti-monopoly laws and regulations in China.From a price perspective,it involves a price monopoly that intersects with predatory pricing and price discrimination.From the point of view of exclusive means,there is a crossover with exclusive transactions.On the issue of price monopoly,the NDRC and the State Administration for Industry and Commerce are concerned with exclusive transactions and price discrimination caused by discounts,which are stipulated in principle in the Anti-monopoly Law,so loyalty discounts can be found in it.But at the same time,only the principle is not enough to implement,in the specific operational level,there is still a lot of room to make up for the addition and improvement,it is necessary to learn from the specific practices of foreign countries.From the regulatory experience of Europe and the United States,the main concern is the intersection of loyalty discount and predatory pricing and exclusive transactions.The main case was filed by the competitors of the upstream discount implementers,so the content is more concerned about the upstream competition,and the same is true for the case Tetra Pak.Therefore,although there is no denial of such behavior,there will be price discrimination.However,according to the actual case,this paper mainly focuses on the upstream competition and analyzes its relationship with the above two types of behavior.In view of the duality of loyalty discounts in terms of competitive effects,it is necessary to conduct regulatory analysis on reasonable principles and seek appropriate regulatory paths.This article is divided into four chapters.The first chapter mainly introduces loyalty discounts through questions.The second chapter mainly compares and analyzes the overall regulation experience of the European Union and the United States,including the transformation of regulatory ideas and the choice of regulatory path,such as the attitude change of the European Union from its own violation of the law to the principle of reasonableness.This paper focuses on the nature of exclusive transactions,as well as the consistent loose attitude of the United States,and the different regulatory paths of predatory pricing and exclusive transactions,and analyzes the regulatory principles and paths that can be used for reference in China.The third chapter mainly analyzes the loyalty discounts and their similarities and differences in the perspective of the two paths of predatory pricing and exclusive trading,and analyzes the loyalty discounts and their similarities and differences.The fourth chapter summarizes the relevant legislation and law enforcement status in China.Combined with the analysis of the previous chapter,it analyzes the localization regulation path of loyalty discount in China and constructs the corresponding regulatory framework.
Keywords/Search Tags:loyalty discount, abuse of market dominance, antitrust regulation
PDF Full Text Request
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