A Case Study Of Wuxiaoqin’s Bundle Transaction Dispute With Shaanxi Broadcasting Network Company

Since the implementation of anti-monopoly law in China,anti-monopoly private litigation has been a subject of great concern.In recent years,the volume of anti-monopoly civil cases has been increasing.How to use private power to protect from the invasion of monopoly power and maintain a good competitive atmosphere in the market is an important problem worth studying.Taking Wu Xiaoqin v shaanxi radio and television networks bundled trade dispute as the breakthrough point,supplemented by the similar case wei-guo 1i v of xi’an telecom and custine v TongBao cars,according to the analysis of cases focal point,which leads to the abuse of dominant market position behavior of bound trading behavior involves the problems of theory and practice,and discuss the way to resolve the problem.Bundling,or bundling,is one of the most common but destructive abuses of a dominant position in life.Bundling transaction behavior is ubiquitous in every corner of society,the destruction of society is silent,subtle.Wu xiaoqin case as a guiding case,the issues involved in the bundling transaction dispute are fully reflected in the case.Based on the observation and consideration of wu xiaoqin’s case and the court’s judgment,the author extracts three controversial points,namely whether the case is a dispute over consumer rights and interests or a monopoly dispute,whether the broadcasting network abuses its dominant position in the market,and whether it is effective for the broadcasting network to charge wu xiaoqin digital TV program fee.At the same time,the second dispute focus is also the common dispute focus of the two similar cases,but the plaintiff lost because of insufficient evidence.The author added the damage theory to the analysis of the two similar cases,and conducted a preliminary trial of the case,which is helpful to accurately define the relevant market and draw a more fair conclusion.After analyzing the dispute focus,to extract from abuse of dominant market position the plaintiff’s burden of proof in dispute,or sell behavior cognizance rules and thinking about the problems existing in the practice,and,without any justified reason,tying behavior law regulating the market forces determine appropriate adjustment standards and improve the system of law enforcement two Suggestions.Based on the analysis of the bundling transaction involved in wu xiaoqin’s case,the author conducts his own thinking and research on the relevant issues,and combines the theories of damage theory and consumer rights protection in the anti-monopoly law to provide favorable ideas for the definition and regulation of the bundling transaction in China.It helps China’s anti-monopoly law to keep up with the pace of The Times,and to update and improve with The Times,so that consumers like wu xiaoqin who have little power can get timely protection.