The Study Of Resale Price Maintenance Regulated By Antitrust Law

As one of typical vertical restraints to market competition, Resale Price Maintenance (hereinafter referred to as RPM) has been on the increase in our economic life. Foreign countries with mature Antitrust Law have a deep study of RPM, but in China, this problem will need a lot of going into. With these facts,the author takes the liberty of analysis of RPM hoping to be of some assistance for both the theory and practice. The paper contains four chapters. Chapter one is about basic theory of RPM providing the foundation for next dissertation. It gives the definition of RPM and compares RPM with Reference Price. Then according to the limit price maintenance, RPM is classified into Min RPM and Max RPM. Connected with circulation channel, this chapter explains the relationship between them. Chapter two clarifies the necessity of regulation by Antitrust Law on RPM. This chapter is divided into two sections: Section 1 is about the clause of RPM and the impact of RPM on market competition. Section 2 analyzes the inherent essence of Antitrust law and draws a conclusion that it accords with the necessity of legislation. So it is completely necessary to regulate RPM. Chapter three expatiates how to regulate RPM. This chapter is divided into three parts, Part 1 makes out regulation principle on RPM starting from the basic principles of Antitrust Law and introduces the experiences of some countries in this respect. Part 2 is about legal obligation of RPM including constitutive requirements, assumption of subject of offense and legal remedy. Part 3 is about the exemption of RPM. The above is just for reference in our future antitrust legislation. Some characteristics of China itself are demonstrated in Chapter Four. It's divided into three parts. Part 1 is the introduction of our actual state of RPM. Part 2 is about the survey of legislation on RPM and points out the deficiency of regulation. Last part is consideration of regulation on RPM in our Antitrust Law discussed in four aspects, that is, regulation principle, legal obligation, exemption and law-enforcement agency. The last is the concluding remarks. On the basis of the whole dissertation, a conclusion can be drawn which says that China needs regulation on RPM in future Antitrust Law.