Antitrust Law In China For Resale Price Maintenance And Perfection Regulation

Resale price maintenance is an important manifestation of the longitudinal monopoly. It refers to the manufacturer of a product when sold to vendors, and vendors were on resale price restrictions. Resale price maintenance market players including manufacturers and distributors of two vertical, through collusion or coercion to limit the free operation of downstream vendors. Overall, the resale price maintenance, including a positive effect on competition between vendors to avoid free-riding, to facilitate SMEs’access to new products and markets, to maintain brand image; limit the negative effects include vendor pricing freedom, promote the formation of price cartels harm consumer welfare. Because the two sides of resale price maintenance, we can not summarily reject it and be prohibited, but full consideration to the implementation of the specific circumstances of the operator resale price maintenance of comprehensive evaluation. In this regard, the United States formed the principle of rationality in antitrust practice, the EU passed legislation establishes the principle of prohibition with the exceptions principles. Both are the respective antitrust experience science summary. Binding provisions of China’s anti-monopoly law, we can see our country for resale price maintenance regulation prefer the European model. But there are a lot of anti-monopoly law imperfections, the need to fully draw on the experience in Europe and America.The first chapter introduces the basic theory of resale price maintenance, including the definition of resale price maintenance, as well as the positive effects of the elements of market competition and negative consequences. The second chapter of resale price maintenance legislative history, review of legislation and several brief analysis, which summarizes the success or failure. The third chapter analyzes the shortcomings of the current anti-monopoly law, including the law provides no clear legal responsibility abnormal light, exemptions unclear. The fourth chapter describes the Occident resale price maintenance regulation. Analysis of the per se rule and the principle of rationality in American law and the principles of the EU exemptions and exceptions prohibition principle. Insists that the EU model of a unified principle and flexibility, more suitable for China’s national conditions. Improvement of the fifth chapter of the anti-monopoly law to make a few recommendations include the development of the relevant market Antitrust Guidelines for the perfect anti-monopoly civil litigation system and strengthen the legal responsibility of the relevant acts.