Research On The Illegality Of Vertical Non Price Restriction

Since the "Anti-monopoly Law of the People’s Republic of China"(hereinafter referred to as the "Anti-monopoly Law")has been published nearly 13 years,with the economic development,a variety of monopoly behaviors continue to appear,vertical non-price restrictions as a common form of market competition,but also caused constant attention of the anti-monopoly law enforcement.However,restricted by the level of economic development and the inherent restraint of legislation,China’s Anti-Monopoly Law has not carried out a clear and feasible realistic response to vertical non-price restriction.Different from vertical price restriction,which is regulated in the form of "enumeration and exemption" in the anti-monopoly law,vertical non-price restriction can only be applied to a very general provision.As a result,vertical non-price restriction is still in an uncertain state in the anti-monopoly legislation,so it is more difficult to find concrete basis for the identification of vertical non-price restriction in the current anti-monopoly law.Non-price limit characteristics,this article through to the longitudinal form were analyzed,and through the comparison of the United States,the European Union,Japan and other countries in the anti-monopoly law of vertical non-price limit violations of rules,put forward in time to our country "antimonopoly law" the relevant legal provisions to supplement and modification,the longitudinal non-price limits defined by means of detailed list at the same time,the principle of reasonable analysis were introduced into the longitudinal non-price restrict behavior illegality.From whether the main body of market forces has the dominant position,the subjective aspect of its behavior is to restrict or exclude the competition of intentionally damage the competition order,behavior object and behavior whether the objective aspect of the limit competition consequences such as requirements for comprehensive judgment,at the same time,improve the system of exemption of apply to law enforcement agencies in the vertical non-price can tend to limit.The body of this paper is divided into five parts: The first chapter is the introduction of the research background and academic significance of this paper,and briefly describes the current domestic and foreign academic research on vertical non-price restriction.The second chapter analyzes the identification of vertical non-price restriction illegality from the perspective of basic theory.This part not only analyzes the basic concept and connotation of vertical non-price restriction,but also introduces the most typical forms of vertical non-price restriction.Based on the legislative level,it analyzes the applicable principles for the identification of the illegality of vertical non-price restriction.The third chapter summarizes the current status of the vertical non-price restriction identification rules in China’s anti-monopoly law by combing the relevant provisions of the vertical non-price restriction and the supporting regulations issued in recent years,and points out that there are still some aspects that can be improved.The fourth chapter mainly through the comparison of the European Union,the United States,Japan and other outside of the anti-unfair competition law of vertical non-price restrict illegality recognition method,based on the practice in different countries and legal related summary,analysis,comparison and reference,for our country anti-unfair competition law on vertical non-price restrict some correction provides referential sample;The fifth chapter discusses the omission of the content of anti-monopoly legislation in our country,put forward by refining,modify,merge the anti-monopoly law article 14,article 15 of the related content,fill in the missing by means of detailed list vertical non-price restrict the specific content of the law,or by supporting the judicial interpretation and conditions,make up for the absence in the lawmaking of illegality recognition and optimization of exemption procedures,unified immunity standards,thereby increasing the operability of exemption system.