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Analysis On The Regulation Of The Competition Agreement Of Vertical Restrains In Anti-monopoly Law Of The People's Republic Of China

Posted on:2011-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:J M XiaFull Text:PDF
GTID:2166330332469331Subject:Economic Law
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Anti-monopoly Law of the People's Republic of China was into effect on August 1, 2008, as the other pillar of competition law, Anti-Unfair Competition Law of the People's Republic of China has been into effect on December 1, 1993. The promulgation of Anti-monopoly Law of the People's Republic of China is a symbol that the legal system of the socialist market economy is initially established, and it also has great significance to establish and improve the Chinese socialist market economy. It's a long process that Anti-monopoly Law of the People's Republic of China came into being, lasting almost 20 years from drafting to putting into force. Such a long time fully reflects the prudent policy through the process of the drafting, legislation, deliberation of Anti-monopoly Law of the People's Republic of China. This prudence Played an effect, Anti-monopoly Law of the People's Republic of China fully absorbed the foreign advanced concepts and results of legislation on legislative thoughtway and legislative techniques. This article tries to discuss the success and failure of the regulation of monopoly agreements including the competition agreement of vertical restrains in Anti-monopoly Law of the People's Republic of China from the aspects of foreign legislation, law enforcement, judicial practice and economics, etc., starting with analyzing the embodiment and application of Rule of Reason in the regulation of the competition agreement of vertical restrains in Anti-monopoly Law of the People's Republic of China. As a form of competition, the act of concluding the competition agreement of vertical restrains between manufacturers and distributors formally incorporated into the adjustment range of the Law,applying to Item 14 and Item 15 of Chapterâ…¡Monopoly agreements of the Law. This article explains the views based on real cases and legislative mode fitted by Anti-monopoly Law of the People's Republic of China. The real cases focus on wheather the international advanced legislative thoughtway (take the USA's for example) is embodied in Anti-monopoly Law of the People's Republic of China, especially on wheather the new changing is embodied in our legislation after the judgment of Leegin Creative Leather Prods. v. PSKS. Inc in 2007. The legislative mode of the competition agreement of vertical restrains in Anti-monopoly Law of the People's Republic of China is the mode of general prohibition and typical list, supplemented with the exemption in the application of Anti-monopoly Law. But this mode has something different from that of other countries, so this article also discusses the influence in Chinese antimonopoy theory, legislation, law enforcement and judicial practice which the difference brings.
Keywords/Search Tags:the competition agreement of vertical restrains, Rule of Reason, economic efficiency, exemption
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