Research On Legal Issues Of Resale Price Restrictions

Competition prompt the prosperity of market.The ultimate purpose of competition isheighten productivity and make consumes benefit from it.The existence of antimonopolylaw is ensure licit competition to promote productivity and keep prosperity ofmarket.<Chinese antimonopoly law>valid on August1st in2008,which was composed ofprohibition of competition restriction agreement、prohibition of abuse the dominant marketposition and astrict business combination.Which prohibits agreements restrictingcompetition including horizontal and vertical agreements. Lateral agreements restrictingcompetition practice relatively easy to distinguish, the national legislation are strictlyprohibited. Vertical agreements restricting competition agreements restricting competitionand vertical non-price vertical price agreements restricting competition. Non-price verticalagreements restricting competition, including exclusive sales, franchise, and so on. Verticalprice agreements restricting competition is studied in this paper resale price."Vertical price agreements restricting competition is studied in this paper resale price."for regulate restrict the price of resale,many developed countries have had an in-depthresearching,and formation a series of statute law and judicial precedent.Therefore,thisarticle would based on analysis on Chinese antimonopoly law of clause14、15andclause46、clause50,make a contrast of norms between domestic and foreign,to take anin-depth research on regulating restrict the price of resale combine to currentcircumstances,absorbed the mature experiences overseas,and give my opinions on how toregulate the action of restricting the price of resale better,I am anticipate that this articlewould be avail to the theory and practice of Chinese antimonopoly law.This article embrace four chapters,the first chapter is the preface which give anintroduction of the thesis background、the significance of the topic、literature review、thescope of topic and the methods of researchin.The second chapter is the basic theory ofresale price maintenance,it introduce the conception of resale price maintenance,and refineits characteristic based on the conception,and give an introduction of its cause andclassification.The third chapter analysis on the effects of resale price maintenance,thenresearch the positive effects and pessimistic effects of resale price maintenance bycombining different viewpoints.The fourth chapter is the author’s thinking on legal controlwhich is refer to the legislation of European-union(EU),point out the place which acquire to be ameliorated of China antimonopoly law，and give my suggestions on the applicationand legislation of antimonopoly law.