Font Size: a A A

Research On Legal Regulation Of Vertical Monopoly Agreement In China's Auto Industry

Posted on:2012-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2166330335475550Subject:Economic Law
Abstract/Summary:PDF Full Text Request
As one of monopoly agreements, vertical monopoly agreement has always been one of content of antimonopoly law regulation in all countries, and Antimonopoly Law of the People's Republic of China promulgated in 2008 gave a corresponding provision too. Different from horizontal monopoly agreements which been strictly regulated, Vertical monopoly agreements often be neglected because of its positive role in economic development, but the damage on the economy is also huge which is particularly evident in China's auto industry. There is no specific legal regulations on the vertical monopoly agreements until the antimonopoly law, within the automotive industry already has an inherent operating criteria, these all challenge the specific operation of the antimonopoly law.Text revolves the relevant provisions of antimonopoly law, drawing on the legislative of world's major developed countries and the basis of research results in China. Text makes theoretical analysis as a starting point, and finds the distinctions between vertical monopoly agreements and other monopolistic behavior through in-depth analysis. Then though the combination of economic analysis and legal analysis, text focus on the expression and assessment standard of auto industry in China and gives the legislative proposals at last. Paper is divided into five chapters.The first chapter is the introduction, which is the first chapter. It introduces the purpose and significance of the study, the overview of the research and legislation in both China and other countries, and the methods of research and innovations.The second part includes the second and third chapters, which is the theoretical analysis. The second chapter is the theoretical define of vertical monopoly agreement, which divided the vertical monopoly agreement into price restraint and non-price vertical price from the concept and features, details five specific forms, and introduces the social impacts of the vertical monopoly agreement from the positive effects and negative effects. The third chapter discusses the determination model of the illegality of the vertical monopoly. Its main purpose is to provide a basis of the theoretical analysis for the next chapter. This part discusses the theoretical basis of the determination model on methods of economic analysis, and put forward the views of the system model composing rule of Reason, per se rule and system of exemption.The third part includes the fourth chapter, which is the analysis of the practice. This chapter introduces the specific forms of the vertical monopoly agreement in the automotive industry in China, and identifies the specific illegal acts on the basis of the theoretical analysis of the last chapter. In addition, article compares the norms of the automotive industry with the anti-monopoly law, analysis the controversial provisions, and uncovers their deep reasons.The fifth chapter., according to the analysis of the summary text, puts forward my legislative proposals to the vertical monopoly agreement of the automotive industry in China.
Keywords/Search Tags:Vertical monopoly agreements, Rule of Reason, Per se rule, Resale price maintenance
PDF Full Text Request
Related items