Analyzing China's Guiding Case No. 79 Under Section 1 of Sherman Act - A Per Se Tying Violation or Not?
University of Pennsylvania Journal of International Law Online, Vol. 39, 2018
11 Pages Posted: 12 Apr 2018 Last revised: 25 Apr 2018
Date Written: March 29, 2018
In China’s Guiding Case No. 79, Wu Xiaoqin v. Shaanxi BC & TV Network (Group) Co., Ltd., the Supreme People’s Court of China held that Defendant BC & TV Network engaged in tie-in sales, tying basic TV programs to paid TV programs, and thus violated article 17.1.5 of China’s Anti-Monopoly Law. This Comment analyzes this case under Section 1 of the U.S. Sherman Act and shows how a U.S. court might analyze it differently. After analyzing each element required for a tying agreement, this Comment concludes that a U.S. court is unlikely to hold that the alleged tying arrangement is a per se violation of the federal antitrust law.
Keywords: China; Anti-Monopoly Law; Guiding Case; Tying; Sherman Act; per se
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