The Research On Resale Price Maintenance Regulated By Antitrust Law

Price is the core factor of the competition. As a typical vertical restraints agreement,resale price maintenance deprives the wholesalers or retailers of their free price rights,weakens the price's function of representing the supply and demand information, and subsequently hinders the operation of the market competitiveness mechanism.In addition,the restrained price greatly excesses the price level under the effective competitiveness,which severely damages consumers'interests.In the global context, different nations have different institutions regarding the regulation of RPM U.S use the dichotomy of the per se rule and rule of reason.In the U.S.,since the Dr. Miles case, the courts have applied the per se rule to RPM. Since the 1970s,the effectiveness of vertical restraints has been recognized through economic analysis.European countries have developed a new legislative institution which combines prohibition with exemption.They specifically analyze the social economic outcome of RPM and provide the possibility of exemption, as well as regulate the type and condition of exemption.China is also use the EC mode,but when the reference is not comprehensive, there are unreasonable.Resale price maintenance exemption standards exist unclear, incomplete requirements issues,and the specific needs refinement to enhance the operability of the Act and clarity. In addition, the Antimonopoly Law provides for civil liability and administrative liability only for resale price maintenance of such serious acts of price fixing arrangements, so the "illegal costs" are too low to effectively deter such behavior. Thus,we should committee to build a good legal system of regulation resale price maintenance on the basis of studying the restriction of competition and the actual situation in our country, looking to maintain the best balance between competition and free enterprise.