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限定交易行为有可能被支配企业用作排斥性手段,或充当垄断协议的工具,因而应认定为垄断行为而纳入反垄断法管辖范围。但如果当事人能够证明其行为有可能产生积极效果,包括防止套牢、防止搭便车等,则构成正当理由,不受禁止。返点则可视为限定交易行为的一种表现方式。国家工商行政管理总局2016年处理的利乐案中,则将这两种行为区分开来,分别对其反垄断法分析方法进行了很好的演示,并实现了经济分析与法律分析的融合,对我国反垄断执法工作的进一步推进具有重要的意义。
Limited trading may be used as a means of exclusion by dominant businesses or as a vehicle for monopoly agreements and should therefore be considered as monopolistic and included in the jurisdiction of antitrust laws. However, if the parties can prove that their actions are likely to have a positive effect, including preventing jailbreaking and preventing free riding, then they constitute a valid reason and are not prohibited. The rebate point can be regarded as a manifestation of the limited trading behavior. In the Tetra Pak case handled by the State Administration for Industry and Commerce in 2016, the two acts were distinguished and their respective antitrust law analysis methods were well demonstrated, and the integration of economic analysis and legal analysis was realized. It is of great significance to the further promotion of antitrust enforcement in our country.