The Anti Monopoly Law Regulation Of Resale Price Mintenance In Car 4S Stores Model

With the rapid development of China’s economy, the proportion of auto consumption is gradually increasing. During these several years, the amount of automobile holdings in our country has increased sharply. Most of the cars are bought through the car 4S shop,4S shop car marketing mode has spread all over the country, deeply recognized by the consumers. But there are many problems in this mode, Such as price limit, geographical restrictions and customer restrictions, tying, and parts monopoly, maintenance technology monopoly and so on. The price of the whole car and spare parts stays in a high level is always bothering the public. The automotive industry has been affected by the "Automobile brand sales management approach" for a long time.4S stores as a brand car dealers are often subject to its manufacturers, It is common for manufacturers to implement resale price maintenance (RPM). Besides, Only in accordance with the anti-monopoly law existing for all industries is powerless, therefore, it is necessary to perfect the existing legislation.In the first part of this paper, we briefly review the original and the current situation of the development of automobile 4S shop sales mode, and describes the performance of RPM behavior in car 4S store sales mode, which performance is mainly reflected in two aspects:The first one is the sales price of the vehicle, Secondly, discuss aftermarket parts prices, at the same time introduce the implementation of the specific ways of RPM of car manufacturers. Finally, it shows that there is a certain rationality of RPM in the 4S selling. RPM, although there are anti competitive effect, but also to promote the efficiency of competition effect.The second part discusses the violation of RPM behavior, which briefly described the constitutive requirements and the harm to competition of RPM behavior;analyses the problems we may faced when to determine whether illegal or not during the RPM behavior;define the automotive industry and related markets, so as to determine whether the manufacturer has the dominant position in the relevant market.The third part mainly expounds the deficiency of the current "anti monopoly law" on resale price maintenance behavior regulation, At the same time, introducing how the European Union and the United States treat RPM behavior. finally draw the inspiration to our country, Meaning, the regulation principle of the RPM should be changed from " the itself illegal principle and applicable exception" to "the principle of reasonable".The fourth part is mainly aimed at the RPM problem of our country’s auto 4S shop sale mode and put forward the suggestion of legal regulation, which to be in line with European and American standards using the reasonable principles; draw on the European Union’s experience in the use of passenger car market division;Under the clear premise of the relevant market, according to the manufacturer in the specific market share of the relevant market determine whether it has a dominant market position; Specific analysis of specific issues on the exemption of RPM;fair distribution of burden of proof.