The Tying Regulated By Antitrust Law

At present,China is in the stage of economic transformation,and many enterprises have abused their dominant position.Tying is a kind of abuse of dominant market position.The highly concerned "Qualcomm’s tying" case is a typical case of tying in China,which is called "the first case of China’s anti-monopoly law enforcement".At present,the form of tying behavior tends to be more complicated and novel,which has attracted the attention of many sellers and regulators.Tying has been the main target of anti-monopoly law in many countries.The main reason is that tying will unreasonably expand the market power of a market entity.The development of tying behavior poses new challenges to the formulation of relevant laws and judicial practice.The academic circles generally believe that tying is dual to competition,and the applicable principles of the regulation of tying are different in various countries.Since the promulgation of the anti-monopoly law in China,the regulation of tying behavior is more clear,but the antitrust law of our country presents a more principled and fuzzy state.This law only stipulates the general concept in principle,which leads to poor operation in practice and brings great trouble to the judiciary.Therefore,this paper attempts to study and analyze the general theory of tying,and draw lessons from the legislative regulation and practice of the United States on the act of tying,and put forward some suggestions to improve the anti-monopoly law of China.This paper first expounds the concept,the constitutive requirements,the theoretical basis and the role of the competition from the theoretical point of view,and provides a theoretical basis for us to understand and regulate the tying behavior,and we hope to learn from the basic legal theories suitable for the national conditions of our country.Secondly,from the perspective of foreign legislation and practice,we take the legislation of tying act in the United States as an example,and through the analysis of the typical cases in the United States,hope to put forward a standard for the regulation of the act of tying in China.In the end,by introducing the present situation and existing problems in the legislation and practice of our country’s legislation and practice,combining the antimonopoly law to establish an independent antimonopoly law enforcement agency and the illegal identification standard for the legislation and practice of the tying act in our country,and put forward some suggestions on the civil liability,administrative responsibility and criminal responsibility of the perfect tying act.