The article makes systematic research on the tying arrangement from multi-angles of law and economics and so on. The article use the Microsoft Case as a instance and use antitrust law of American as a brief introduction. The attention of the article is not only the anti-competitive effect of tying arrangement, but also to analyze the value on economic life influenced by tying arrangement . Then, it can offer some basis to found a relatively rational equation point in the course of the that The Anti-Monopoly Law of our country regulate tying arrangement, at the meaning time, the article want to give some suggestive advices to establish the tying arrangement articles of The Anti-Monopoly Law of our country.The article consists of seven chapters, besides the exordium and the conclusion. The first chapter do some explain and analysis about the tying arrangement from four ways which is definition, classify, the commodity area referred to tying arrangement, the comparison of tying arrangement and other approximative behaviors.The second chapter introduce the development of tying arrangement theory about the antitrust law of American. It expound the theory controversy in the Classical School, the Chicago School and the Post-Chicago School and the influence of the theories toward the courtjudge.The third chapter introduce the tie-in regulation of the antitrust law of American and its legislation process.The fourth chapter analyze the composing parts of the tying arrangement on the basis of the antitrust law of American. At the same time, it conclude the judge standard on the composing parts of tying arrangement through the analysis about correlative cases.The fifth chapter take apart the influence of the tying arrangement toward the competition from the positive and negative sides. When tying arrangement create damage to the competition, it may have some effect to promote the competition.The sixth chapter analyze the merits and shortcomings about the two judge theories which are Per se illegal and Rule of reason. Then the two principles apply to the antitrust law of American and its evolvement course.The seventh chapter bring forward some opinions about tying arrangement articles for set up the Anti-Monopoly Law of my country. |