The three types of monopolistic behaviors stipulated in the Anti-Monopoly Law require specific analysis of specific circumstances. The following is an analysis of them:

1. Abuse of market dominance: refers to those with market dominance Enterprises or operators use their position in the market to restrict or exclude competitors, monopolize the market, infringe upon the legitimate rights and interests of other market participants, and hinder or restrict market competition.

2. Tying behavior: When selling specific products or providing specific services, consumers must purchase other products or services at the same time, or use their market dominance under unreasonable conditions to force counterparties to Must receive and pay for products or services they do not need.

3. Monopoly agreement behavior: refers to an agreement reached between monopoly enterprises or operators to coordinate, restrict or restrict the market entry, price, production, sales and other behaviors of other market participants, exclude or restrict compete to achieve a monopoly position. Such behavior can lead to market dysfunction and seriously harm the interests of consumers and other market participants.

In addition to the three monopolistic behaviors mentioned above, the Anti-Monopoly Law also stipulates other prohibited behaviors, such as:

1. Differential treatment: refers to the treatment of Different transactions by different buyers, sellers or the same competitor in the same transaction provide different sales conditions, transaction conditions or other differential treatment.

2. Bidding and bidding: refers to bidding in competitive transactions such as bidding and auctions, with the purpose of restricting competition and monopolizing the market, through joint bidding, bidding, etc., to achieve the ultimate goal. Price eliminates and restricts competition.

3. Unfair price behavior: refers to the use of unfair means to implement price discrimination, price binding, price monopoly and other behaviors, disrupting market order and harming the interests of consumers.

Behaviors that undermine fair competition are prohibited. Compared with monopolistic behavior, the Anti-Monopoly Law also proposes corresponding legal measures to prevent and combat monopolistic behavior, such as penalties for illegal monopolistic behavior, compensation for victims, supervision of corporate behavior, etc., to ensure fair competition in the market. Protect the legitimate rights and interests of consumers and other market participants.

Supplement:

1. Types of monopoly: Monopoly is divided into horizontal monopoly and vertical monopoly. Horizontal monopoly refers to the monopoly of one or more companies or groups in an industry by controlling market supply or other means; vertical monopoly refers to the monopoly of monopoly companies or groups in a certain industry chain by controlling key production factors. monopoly.

2. The impact of monopoly: Monopoly will have an impact on the economy, market and consumers, including inhibiting innovation, restricting production, raising prices, reducing consumer welfare, etc.

3. History of antitrust law: Antitrust law originated in the United States, and the Sherman Antitrust Act was promulgated as early as 1890. With the development of globalization and the growth of international trade, many countries and regions have begun to implement antitrust laws, such as the European Union, Japan, China, etc.

4. Antitrust law enforcement agencies: Different countries and regions have different antitrust law enforcement agencies, such as the Federal Trade Commission (FTC) in the United States, the EU Competition Authority, and China’s National Market Supervision and Administration. General Administration etc.

5. Challenges of antitrust law: Due to the complexity, diversity and variability of monopolistic behavior, antitrust law faces many challenges, such as how to define the market, how to judge market share, and how to prove monopolistic behavior wait. At the same time, affected by factors such as international trade and technological progress, antitrust laws also need to be continuously developed and updated.

Legal Basis

Anti-Monopoly Law

Article 12 Enterprises shall not reach the following agreements: (1) Explicitly or implicitly restricting production, Sales, technological progress and other matters;

(2) Separate the sales market and supply market, and restrict the purchase market;

(3) There are transaction conditions that restrict other transaction parties and should be traded with them ;

(4) Limit the transaction partners of other parties in the corresponding aspects of the transaction based on the transaction conditions;

(5) Reach agreements with other enterprises to reduce or limit the transactions of other parties Price;

(6) There are other agreements that eliminate or restrict competition and monopolize the market.

Article 13 Operators with a dominant market position shall not abuse this position to hinder fair competition, including taking the following actions:

(1) Limiting transaction conditions;

(2) Refusal to trade;

(3) Treat transaction objects differently;

(4) Limit transaction objects;

(5) Refusal to provide without legitimate reasons Technical services or technical support;

(6) Implementing bundled sales of goods;

(7) Selling goods at unreasonably low prices to squeeze out competitors.

Article 32: Units or individuals that enjoy intellectual property rights may not use their dominant position or abuse intellectual property rights to hinder fair competition or hinder technological progress. They may not limit the scope of technology development, reduce the level of technology development, or bundle technology for sales. , compulsory cross-licensing of technology, and no abuse of intellectual property rights such as patents and trademarks to exclude or restrict competition.