Research On The Legal Regulation Of Resale Price Maintenance In China

Resale price maintenance is a vertical price restriction behavior,which has complex competitive effect.However,due to the weakness of empirical research,there is no unified understanding of its competitive effect in the world at present,which leads to differences in the choice of analysis mode of resale price maintenance.In view of the current legislation in China,we can find that the provision on resale price maintenance is too principled and general,which leads to many theoretical disputes and directly affects the choice of the analysis mode of resale price maintenance in practice.At present,theorists mainly advocate the analysis mode of defensible presumption rule and rule of reason,while anti-monopoly law enforcement agencies and courts tend to the analysis mode of per se rule and rule of reason respectively.Compared with foreign practices,it can be seen that the United States has established the analysis mode of per se rule and rule of reason after going through a series of jurisprudence,while the European Union has established the analysis mode of the rule of "prohibition in principle + exemption in exception" based on existing regulations.Based on this,this paper puts forward the analysis mode of "effect restriction analysis+exemption defense" on the basis of reviewing the existing legislative provisions,combining with the economic research results,the situation of our country and international trends,which divides the process of determining the illegality of resale price maintenance into two stages:the determination of monopoly agreement and the analysis of exemption defense,and it is suggested that the burden of proof should be distributed reasonably,anti-monopoly guidelines should be formulated,and the coordination mechanism of anti-monopoly law enforcement and judicial practice should be established,so as to promote the analysis model to play a real role in practice.