Research On Restrictions On Resale Price Regulation

As one of means of vertical monopoly,restrict resale price maintenance is that some upstream firms attempt to check price on promoting products of downstream firms to attain their goals,which has damaged equities of downstream firms and consumers even the market economic order.Thus,we must regulate this behavior.Recently,due to related rules on restrict resale price maintenance imperfection,there are endless problems badly impacting social resources allocation and social efficiency.Moreover,in our country,researches on related domains are immature and the existing law is simple so that standardizing the specific rules lacks operability in reality.That is why it's necessary to improve corresponding rules to perfect market economy.The write begins with related theories and analyzes current status of restrict resale price maintenance and then offers related proposals combined present situation of China by contrasting international experience.This article emphasizes restrict resale price maintenance adopting graphical method,case analysis method and comparative method.This article includes the following parts:the introduction mainly analyzes the backgrounds and significance of the theme,research status at home and abroad and adopted methods,innovation points and the following thoughts.The first part analyzes the definition of restrict resale price maintenance from static state and dynamic state and scientifically expounds classify and characteristics of restrict resale price maintenance and the possible influences to conclude more profound feelings.The second part analyzes the legislative status of restrict resale price maintenance and the typical cases and then realizes the drawbacks of current restrict resale price maintenance regulations including ambiguous probationary principles,unsystematic behavior recognition,disorder enforcement agencies and imperfect economic responsibility.The third part mainly introduces the means of restrict resale price maintenance regulations and analyzes the impact on the evolution in America,European Union and Japan.At the same time,combined the situation of China,the third part inspires and learns their experiences that has reference value.The fourth part bases on the previous parts and puts forward some suggestions against some drawbacks of the restrict resale price.This part,specially,determines the principles of restrict resale price regulations,establishes a system of identifying restrict resale price,using reference for the criminal law theory of syllogism analyzes progressively behavior pattern,illegality,and accountability,unifies enforcement agencies and explicits the power of antitrust committee,but it sets forth its regulations on the economic responsibility of the perpetrators from the perspective of punitive damages and perfecting penalty standards.