The Law Case Evaluation Of Rui Bang Accuses Jnj Of Limiting The Resale Price

In the increasingly fierce competition of market stage,operators have all kinds of monopoly behavior,especially the limit resale price agreement.The uncertainty of its effect on competition in the market caused a larger debate.Many limits case of resale prices are damaging the rights and interests of consumers,and also harming the normal economic order.Shanghai higher people's Court finally made the judgment about the case of Rui Bang Accuses JNJ in 2013.As China's "anti-monopoly law”since the first case about vertical price-fixing agreement,it has always been of concern.The judgment became a major dispute.China's legal definition of vertical agreements,principle,burden of proof,and compensation are not clearly defined,so the controversy has three existence to the case:the components of the monopoly agreements,the cognizance of eliminate or restrict competition,the distribution of burden of proof.The court used "effect to measure" principle in connection with the agreement,and "who advocate,who proof' responsibility allocation principles.About this point,the article does not agree.This article focuses on a special chapter assessment above disputes.First from value angle consideration,The limit resale price agreement causes the various countries to the competition influence two-sided effect to be different to its rules and regulations principle.Then introduces the itself illegal principle and rational principle,reasonality principle,"effect to measure"principle.Fin-ally put forward in favor of the point of view in this paper.The third principle conforms to our country "ant-monopoly law" legislative intent.This case reflects some problems show that China's antitrust legislation is still blank and shortcomings,and need perfect to guide practice better.Through analysis of the case,this article exempted from the principle of accountability,judgment,system,law enforcement and judicial integration summed up antitrust revelation to China.