| As a pillar industry of the national economy, the automotive industry has an important impact on the economic development and people’s living. Auto Brand Sales Administrative Measures has confronted criticism since its promulgation in 2005. It cannot be said that some provisions of the Measures have no relation to the monopoly in the automotive industry. Pricing model in the Measures is more likely to lead to vertical piece monopoly of the automotive industry. Antimonopoly is one thing to standardize and improve the development of the automotive industry, and synchronized perfection and improvement of the overall legal system is also an important part.Resale price maintenance agreement is a major form of vertical monopoly agreements. Although this agreement also has a positive meaning on economic and industrial development, overall its passive impacts affect widely as well. Therefore, many countries in the world have certain legal regulations on resale price maintenance behaviors, and the legal regulations in Europe and the United States is also quite early and complete. Along with the promulgation and implementation of Antimonopoly Law of China in 2008, many people are gradually aware of its illegality. With the further development and implementation of antimonopoly law in recent years, enforcement agencies of antimonopoly law investigate cases of monopoly in all areas of China frequently,finding that the monopoly in automotive industry is particularly prominent.Since the latter half of the year in 2014, the antimonopoly had increased in the strength covering wieldier. In this background, it is a process of breaking and remodeling for the automotive industry. It is a key in the execution of antimonopoly to introduce Automobile Sales Administrative Measures as soon as possible,which is complementary with antimonopoly, parallel imports and Car Repair Technical Information Disclosed Embodiments Regulations. When it is ready, once introduced it will help to create a market of fair trades and it will become an important support for the Antimonopoly Law. Thus, an effective legal and regulatory system is needed for the resale price maintenance in the automotive industry. The purpose of the topic of this paper is to find out how to improve the legal regulation of resale price maintained in China’s automobile industry to ensure its healthy development and to ensure the interests of consumers from legal perspectives.By examining the advanced experience in foreign countries, the author analyzes the present situation the legal regulation of resale price maintenance in China’s automobile industry and makes recommendations for its improvement. The author first discusses the resale price maintenance of automobile industry from the perspective of concepts, features and types, and its double-sided impacts on competition in the automotive market. And then, the author introduces and analyzes the history of legal regulation of automobile resale price maintenance in Europe and the United States, where its successful experience has a great inspiration for China’s legal regulation of automobile resale price maintenance. Finally, combining with China’s national conditions, the author proposes some proposals to improve China’s legal regulation of automobile resale price maintenance on the basis of the study of China’s automobile industry form the points of historical development and policies, and the current development and problems lies in China’s legal regulation of automobile resale price maintenance. |
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