The Research On Regulation Of Tying In Anti-Monopoly Law

The implementation of tying by operators may have negative consequences for the interests of other operators,consumer welfare and even total soci al welfare,and may restrict free competition.Therefore,laws in all countries impose corresponding regulations on tying behaviors.On the other hand,under certain circumstances,tying can also produce positive effects such as promoting efficiency,ensuring product quality,and sharing the risk of new products entering the market.This makes it necessary for countries to first interpret tying's competitive effect when regulating tying behaviors.Through analyzing the viewpoints of tying of three representative schools of economics theory,namely the classical school,the Chicago school,and the post-Chicago school,and the anti-monopoly regulation of tying behavior in the United States,the European Union,Germany and other anti-monopoly jurisdictions,it is not difficult to find that after a long period of theoretical and practical research,some countries have drawn some empirical conclusions on the regulation of tying,which is worthy of our country for reference when regulating tying behaviors.Tying is an important manifestation of the abuse of market dominance in the regulatory system of China's "Anti-Monopoly Law".China started late in regulating tying through the "Anti-Monopoly Law",and the theoretical research and legal system about tying behavior need to be improved.There are deficiencies in the identification standards,liability systems.In the law enforcement and judicial practice of regulating the tying behavior,there are problems such as high cost and long duration.It is necessary to make reference to foreign countries' legislative experience and judicial practice according to China's national conditions,and to amend the defects in the determination of tying behavior and the clearness of legal responsibilities,to introduce new standards and methods for identifying illegal tying behaviors in order to reduce the cost of law enforcement and reduce the pressure on law enforcement agencies,judicial authorities,and related parties.Therefore,develop a rational and scientific anti-monopoly system in tying area,improve the transparency and stability of China's anti-monopoly law enforcement,and maintain the order of market competition,promote the goal of national economic development.