Vertical Monopoly Agreements And Abuse Of Dominant Market Position A Study Of Competing Issues

With the development of the economy,the complexity of monopoly behavior has become more obvious,and the Anti-monopoly Law of China has set up two chapters to regulate the vertical restrictive behavior between the operator and the counterparty,namely "monopoly agreement" and "abuse of dominant market position".However,in reality,there may be cases where the same facts meet the requirements of both the vertical monopoly agreement and the abuse of dominant position.However,in reality,there may be situations where the same facts meet the requirements of both the vertical monopoly agreement and the abuse of dominant position,which may lead to a complex competition between Article 18 and Article 22 of the Antimonopoly Law.When an operator with a dominant position in the market and its counterparty implement the act of fixing resale price by reaching an agreement,and the price agreed by both parties to the third party is unreasonably high,or the price given by the operator to the counterparty is agreed in the agreement at the same time,and the price constitutes unreasonably high,the operator may constitute a vertical price monopoly agreement at the same time,and constitute a monopoly The abuse of dominant market position of high prices.Obviously,Article18(1)(a)and(b)and Article 22(1)(a)and(b)may appear simultaneously in the same fact in different composition forms,resulting in competition.In addition,if an operator abusing a dominant market position forms a written or oral agreement with its trading counterpart,implements a limited transaction,tying,etc.,or if the perpetrator commits a vertical non-price monopoly agreement act or an atypical abuse of dominant market position that is not explicitly listed in the law and needs to be regulated by using the underwriting clause,it may also make Article 18 and Article 22 of the Anti-monopoly Law in The application of Article 18 and Article 22 of the Antimonopoly Law may be controversial.It can be seen that the competing situations of vertical monopoly agreement and abuse of dominant position are very complicated.It is found through the study of cases that the problem of competition between the two actually exists in China’s law enforcement and judicial practice,not just theoretical assumptions,and since the provisions of the two are not consistent in terms of exemptions and legal liabilities,it is obvious that the function of the anti-monopoly law will be affected if the problem of competition between the two is not properly solved.In order to solve the problem of competition between the two,this study compares the system of prohibiting vertical monopoly agreements and the system of prohibiting abuse of dominant position,analyzes the similarities and differences between the two in terms of participants,forms of expression,regulatory principles and legal responsibilities,and also analyzes the views of scholars,and summarizes two modes of solution,namely,the single mode of applying only the abuse of market position clause and the selective mode of applying according to the analysis of each case.The two models are the single application model which only applies to the abuse of market position clause and the selective application model which is based on the analysis of each case.In view of the real situation and problems of the single-application model in China’s practice,we propose to maintain the modesty of the application of the underwriting clause of the vertical monopoly agreement under the current law,add the types of acts of abuse of market dominance,add the types of acts of vertical non-price monopoly agreement,and expand the scope of subjects to which the underwriting clause applies.