关键词: 本身违法 , 优化设计 , 搭售 , 错判成本 , 安全港

Abstract:

The criticism from modern IO researches has pushed the courts and antimonopoly agencies in US and EU to apply more “effectbased” rules instead of per se prohibitions in cases related to tying, RPM etc Various types of optimal solution have been suggested both in practice and literature, but few of which have taken a step further to inquiry the criteria or processes that a reasonable optimal design should meet, let alone studies focused on Antimonopoly Law of China In this paper, we provide a preliminary analysis of the optimal design based on “error cost approach” theory The accuracy, operability, discretionary power and regulation cost related to the optimization have all been taken into account and an optimized scheme highlights the introduction of “intent safe harbor” has been proposed For better illustration, a case study of tying rule in Qihu 360 vs Tencent is introduced at the end of the paper.

Key words:  per se prohibition , optimal design , tying , error cost , safe harbor