Anti-monopoly Law Regulation Of Resale Price Maintenance

Resale price maintenance to suppliers qualified dealer to customers for the resale price agreement, due to the double economic effects of Resale price maintenance, whether it is foreign or domestic, past or present, resale price maintenance has been in a strange way of existence: on the one hand, anti-monopoly laws of different countries are in different degrees and in different ways to restrict the resale price of the principle of limited; on the other hand, in such as liquor, clothing, jewelry, sports equipment, cars, gasoline, and a variety of electrical appliances, such as sales in a number of areas, resale price maintenance has been widely used, and even become the dominant way in which certain products sales.Although our country investigated the more and more cases of the limit of Resale price maintenance in recent years, but the lack of the cognizance of the restrictions on Resale price maintenance, uncertainty of principles and the exemption standards in China’s Anti-Monopoly Law is unable to provide clear guidance for practice. This makes a lot of problems in the regulation of Resale price maintenance in our country and makes the enterprise itself unable to adapt. In this case, to explore the problems of the model of controlling the restrictions on Resale price maintenance and learning the experience of the regulation practice in the developed countries are the best choice of controlling the restrictions on Resale price maintenance.This paper started with “RuiBang against Johnson&Johnson of RPM”, analyzing the focus of controversy of this case. We can see that as the law enfor cement agencies and the judiciary in dealing with cases of the same type of review criteria is different, reflecting the country in the Resale price maintenance determined whether the conduct doesn’t violate antitrust laws when a uniform standard and understanding, points out that China’s "anti-monopoly law" is imperfect in the legislation, RPM identified, exemptions, the main responsibility and applicable principles. For instance, diversified law enforcement agency weakened the efficiency of the leniency policy, low penalty level has little deterrent force and there is the lack of experiences of law enforcement and the low frequency of punishment.In addition to the empirical study in the Resale price maintenance cases, at the same time, this essay highlights the identification standard, optimizing deterrence and penal regulation of Resale price maintenance, which combining with the relative research achievements of economics and comparing and analyzing the common regulations and distinctions of Resale price maintenance in extraterritorial countries. Anti-monopoly Law is giving suggestions to the regulation in Resale price maintenance, according to the application of judicial test(Law enforcement), the improving of exemption condition and the undertaking of legal liability.