The Research On Legal Regulation Of Vertical Price Monopoly Agreement

In the market economy,the prices of commodities are generated by the balance between supply and demand.According to the signal of market,operators are able to decide the prices of commodities based on the actual business condition.It has a boundary for enforcement of right.When operators come to vertical price monopoly agreement by enforcing right and what their do will break the harmony of market and damage customers’ interests,the law will impose punishment on them.There are different types of price monopoly,such horizontal price monopoly agreement and vertical price monopoly agreement.It is undisputed to punish the illegal action,horizontal price monopoly agreement,because of its huge destroy to the market.Compared with the horizontal price monopoly agreement of stable disruption to the market order,the vertical price monopoly agreements have been proved to have positive effects on market competition.Hence,it cannot be simply considered as illegal and scope it into the legal regulation only because of the formal elements of price monopoly agreement.It has some related regulations of vertical price monopoly agreements in China’s “Anti-Monopoly Law”.Due to the ambiguity of article,it leads to inconsistent standards in judging illegality,ambiguity in the distribution of proof and application for exemptions.In relevant enforcement It will expand authority’s discretionary power,which will result in large differences in handling similar cases and unfair outcome.Therefore,it is essential to unify the criteria for judgment,clear conditions of exemption and scientifically allocate the burden of proof,which is conducive to the standardize the law enforcement of relevant organization.It also can maintain the authority of law and build a harmonious market for economy.