Research On The Anti-monopoly Regulation Of Tie-in Sale Of Internet Enterprises In China

With the vigorous development of network economy,the tie-in sale behavior of Internet industry occurs continuously.Compared with traditional industries,Internet enterprises are characterized by network externality,bilateral marketability and innovation.If we use the traditional industry tie-in regulation method to regulate the Internet industry,it seems inappropriate and lack of targeted.Because the tie-in sale behavior of Internet enterprises is often hidden and very common,it has brought more serious impacts on the disruption of the competition order in the Internet market,the damage to the welfare of consumers,and the hindrance to technological innovation.Such tie-in deals challenge traditional antitrust laws.In order to maintain the fair competition order in the Internet market and protect the legitimate rights and interests of consumers,we must focus on how to regulate the tie-in sale behavior of Internet enterprises.In addition to the introduction,conclusion and acknowledgement,this paper consists of four parts:Part one: The overview of Internet enterprise tie-in sales behavior.This chapter firstly identifies the scope of Internet enterprises and compares the differences between Internet enterprises and traditional enterprises in tie-in sales.Finally,we analyze the main components of Internet tie-in sales in Europe,America and China at present,and analyze the traditional components of tie-in sales and the characteristics of Internet enterprises' tie-in sales,and put forward the necessary components of Internet enterprises' tie-in sales.Part two: The current situation and predicament of China's Internet enterprises.This chapter interprets the case of qihoo 360 v tencent and the case of Tongcheng-Elong's airfare tie-in,and combines the particularity of tie-in in the Internet industry mentioned above and the current national conditions of China,and summarizes the current predicament of tie-in in China's Internet enterprises.This dilemma mainly includes four aspects: the illegality determination principle is not clear,the basic judgment standard is fuzzy,the burden of proof distribution is not reasonable and the legal responsibility mechanism is not perfect.Part three: The anti-monopoly regulation and judicial experience of overseas Internet enterprise tie-in sale.This chapter firstly summarizes relevant laws and regulations of the United States and the European Union,and then focuses on six typical cases outside the region.These cases include: the United States v Microsoft browser case,the European Union v Microsoft multimedia player case,Kickflip v Facebook case,eBay case and iPod case.Valuable lessons have been drawn from these cases.Through the analysis of the laws and regulations and typical cases in the above areas,some valuable experiences are summarized,including: clarifying the identification principle of illegality,attaching importance to competition damage,how to improve the legal liability system,and how to judge the independence of products.Part four: The perfection of the anti-monopoly regulation of the tie-in sale behavior of Chinese Internet enterprises.Through a large number of analysis above,and combined with the current situation of China's Internet tie-in sales,put forward the following solutions: relying on the principle of rationality,refining the basis of the judgment standard,reasonable distribution of burden of proof,improve the legal responsibility system design.This chapter has carried on the reasonable elaboration to this suggestion,these suggestions may solve our country Internet enterprise to tie up the sale to face the question correspondingly.