Study On Regulation Of Tying In Anti-Monopoly Law

As an important form of the abuse of dominant market position, tying is a commonrestrict competition behavior in daily economic life. This kind of behavior has disturbedthe market competition order, and damaged the legitimate rights and interests of otheroperators and consumers that many countries laws are identified it illegal. In our country,legal work starting late on tying, that the theoretical research and legal system areimperfect, there are many insufficients in it. This paper by means of the research on basictheory of tying in Chinese and foreign, combining related typical cases in EU and USA,confirmed the Constitutive requirements of tying; Meanwhile, it adopted historical analysisof research method, combed the evolution of tying theory and typical doctrines, and on thisbasis put foward the legal principles should be applied; Besides, this paper also adoptedcomparative analysis of research method, investigated the legal condtiong of tying in EUand USA, according to our country’s relevant laws and the latest judical interpretations andadministactive rules, summarized the problems existing in our country’s tying legislationand practice, on the basis of our country’s national conditions and foreign experience, putfoward improve meansures in judging standard, applicable principle, liability system andenforcing authority.On the structure, the paper is divided into four parts. Part one is the profile; Part twoteased its historical evolution and investigated the current situation of legislation in EU andUSA; Part three analyzed distinctly the current situation of legislation in our country andthe many problems in practice; Part four the paper put forward some countermeasuresaccording to the problems.