Comment On The Antitrust Case Of Vertical Agreements.Between Guo Chang Electric Appliance Store V.Gree Company

The development of the market economy,coming along with increasingly complexity of competition situation.Among all sorts of competitive tactics,due to its uncertain impact,vertical agreements with terms about setting minimum resale prices appealed attention of many scholars.Besides,prevalence of the agreements begins causing damage to legal rights of retailers and consumers.Thus,the number of lawsuit related to vertical agreements increasingly grows.For your information,reaching vertical agreements,classified as one kind of monopoly tactic,usually happens between the manufacturer and its distributor,which means an upstream and a downstream firm agree on the minimum price which the distributor can charge for the goods.There is still blank space in the antitrust law needs to be filled,whether in substantial or in procedural aspect,result in many troubles and obstacles in administration of justice by all of t he people’s courts.Therefore,this article is comprised of the common dispute points and suggestions summarized from papers of three classic cases about vertical agreements.The first dispute point is about legitimacy of vertical agreements with terms of setting minimum resale price.The second dispute point is about method of analysis and affirmation about the agreements.The third dispute point is about the distribution of legal burden of proof.According to the final judgement made by Judgers of Guangd ong Higher People’s Court,they would like to work on the analysis method which brought up in Rui Bang Accuses JNJ case,and under the principle “who claim,who testify”.While the points held in this article may be different.Above all,the critical part of this article is the comment and evaluation of focus of dispute based on the truth.At the end of article,through analysis and reflection,the revelation and inspiration for our antitrust legislation will be released.