The Research On The Anti-monopoly Regulation Of Resale Price Maintenance

The resale price maintenance agreement refers to the exclusion limit competition agreement which is conducted by the operator and the counterparty of the transaction to fix the resale price and limit the minimum price for resale.Resale price maintenance is one of the typical vertical restraint competitive behavior,although China Antitrust law clearly stipulates the act,the provision is too abstract.With the rapid development of economy,some economic studies have shown that the behavior of resale price maintenance may have the effect of promoting competition.However,the current anti-monopoly law of our country does not clearly stipulate the principle of this behavior.As a result,in practice China's administrative agencies and judicial organs have not formed a unified standard for handling the resale price maintenance case.This result cannot be convincing to the public.Therefore,it is necessary to improve the anti-monopoly regulations for resale price maintenance as soon as possible.The focus of the anti-monopoly regulation on resale price maintenance is the determination of the applicable principle.Clearly regulated principles can not only better guide the development of practice,reduce the differences caused by the uncertainty of regulatory principles,but also solve a series of problems in practice that result from the uncertainty of regulatory principles.First of all,in the anti-monopoly regulation system of resale price maintenance,it is necessary to analyze the basic theory of resale price maintenance.By combining the economic analysis of resale price maintenance,the possible impact of this behavior on competition is summarized.Second,the process of anti-monopoly legislation in Europe and the United States was earlier,and a relatively mature regulatory principle has been formed.The United States mainly embodies the use of Per se rule and rule of reason,and the principle of general prohibition and special exemption adopted by the European Union.By analyzing the advantages and disadvantages of European and American regulatory principles,we can provide reference for the improvement of China ' s legislation.At the same time,we need to analyze the different ideas of administrative agencies and judicial agencies in the practice of resale price maintenance in our country's practice.Combined with the analysis of practical cases,we summarize the problems existing in resale price maintenance in practice,and compare and analyze regulatory principles that are more suitable for China's national conditions.Finally,it is necessary to propose perfect countermeasures with practicalsignificance based on the existing problems.From the current state of our country's legislation and practice,we can learn that the principle of general prohibition and special exemption is more in line with our country ' s reality.From our country's anti-monopoly legislation system,we can also see that our country's legislation on the maintenance of resale prices is based on the EU,lists the types of prohibitions on monopoly agreements,and provides for exemption conditions.This principle can also ensure the certainty of the application of the law and give full play to the role of prior guidance of the law.Perfecting the anti-monopoly regulation of resale price maintenance can promote the realization of the purpose of the anti-monopoly law to a certain extent,and at the same time,it can also protect the rights of consumers to a greater extent and promote the healthy development of the market economy.