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Legal Regulation Study Of Large Retailers Slotting Fees

Posted on:2008-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:J P MaFull Text:PDF
GTID:2166360215955495Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In today's commercial circulation, as a supplier, want its products to large retailers such as shops selling, will have to pay access fees, store business sponsorship fees, dianqing sponsorship fees , cost access devices fees to the operators of large retailers, it has become an unwritten rule.Some even call it "business practices" or "international practice." However, this approach is directly harmful to the interests of suppliers; Meanwhile, suppliers have to pay exorbitant slotting fees, they either reduce the quality of their products, or raise prices and harm the interests of consumers; Moreover, these fees as retailers'profit , divorce from the tax longly, creating the tax loophole and harming the interests of the state; Retailers base their profits on slotting fees, and do not help the long-term development of the retail industry. Studying the reasons and harm of the fees deeply, analysising its essence, absorpting the access fee from the legislative and institutional aspects of their useful design, propose new ideas for regulations of slotting fees and safeguard suppliers, consumers, national interests, and improve the competitiveness of the retail industry. Effective competition is to create a legal environment for fair competition in the market for the inevitable choice.The paper includes the foreword, the body and the conclusion of three parts. Foreword to the background of some of the issues raised, so as to pave the way for the proposed theme of this paper. And a review of the literature reviewed, significance, research approaches and research methods, it is necessary to describe some of the issues. Among the main part of the body is divided into three chapters, the text of slotting fees from the meaning, the article analyzes the reasons for slotting fees, rationality and legitimacy of the real nature and potential hazards lists and analyzes the relevant legislation of foreign countries against slotting fees. Discussing China's legislature to the current situation and the slotting fees.Then propose the slotting fees of China. Concluding remarks will briefly summarize some of the transcript. The first part analyses of the fees of its nature and the reality of possible harm. Starting from the meaning of slotting fees, introdue the cause of slotting fees to China and foreign countries briefly. With regard to scholars from the three areas covered by the access fees economically reasonable and scholars from the special legislation, taxation, Contracts Act three channels explain the legality, I followed the access charges in the economic rationality and legitimacy of the law, focusing on the legality of the assessment. And then analyzes the nature and danger of slotting fees. Then, according analyzing the nature and reality of possible danger from suppliers, consumers, state, retail industy to four aspects , the author propose regulations need to be carried out.The second part describes and analyzes the legal regulation to slotting fees of foreign countries. While large retailers do not have enough to affect the entire market competition, But it is also possible that because of its relatively advantageous position for a number of transactions with trading partners to influence, and makes its own enterprise with a monopoly similar to the forces If there has abused its dominant position relative to the situation may have to rely on its trading partners to be adversely. Therefore, large retailers should have the necessary controls to prevent abuse of its dominant relative position. Expansion of large retailers has caused a deep understanding of some of the negative effects, some countries and regions attach great importance to the establishment and development is consistent with its own characteristics.The volume of regulation, legislative issues related to slotting fees through a regulatory system has played a role in promoting economic growth. China can make the relevant legislation to slotting fees as a model.The third part is the status quo system of slotting fees, and system improvement. First, introducing the relevant legislation regulation of China, largely anti - unfair competition law, Zero for local governments regulate the relationship between normative documents, retailers vendor fair trade management requirements. It should be noted that these regulations have played a certain role, but there are still many problems apply. Then four points out of China on access fees regulation deficiencies. "Economic Constitution" is not the introduction of the anti-monopoly law, competition law system has not been established, law enforcement agencies set up unscientific, and legal responsibilities imperfect, weakening the role of trade associations and many other reasons.then pointing out the defect from four aspects of China's system of slotting fees. In view of the defects of the system of slotting fees, and in light of the latest "anti-monopoly law (draft)" the relevant provisions to its assessment, make some preliminary recommendations.Based on the content of a certain novelty, combined with the latest release of the "fair trade retail supplier management," and "anti-monopoly law" (draft) with the relevant provisions , the example of some countries and regions, make the regulation of on how to improve the system of slotting fees related to the proposed regulations. In this paper, integrating theory with practice, the comparative analysis and historical analysis, analysis and empirical analysis using standardized methods comprehensive jurisprudence, the economic law, the civil law, comparative law to study the issue of slotting fees. Explaining a passage in the study fully -- the substance abusing comparative advantage, but I think because of the limitations of ideas, never engaging in the relevant substantive work, the article is bound to a number of deficiencies, subjecting to further refinement.
Keywords/Search Tags:SLOTTING FEES, RELATIVE SUPERIORITY, LEGAL REGULATION
PDF Full Text Request
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