The Regulation Against Resale Price Restriction In Japan: The Practice China Can Refer

The resale price restriction (resale price maintenance) limits the price competition, and, consequently, obstructs an appropriate market competition. Then, Antimonopoly Law in each country considers the resale price restriction act to be unfair. However, the resale price restriction had not been necessarily considered to be illegal in the light of history. In the past time, in a lot of nations, the resale price restriction act was thought to be an act with the effect to advance market competition by keeping the market in order. However, through the practice of a market economy long-term afterwards, it emerged that the resale price restriction act principally has the minus effect. As a result, the resale price restriction act is considered to be illegal in almost of the nations that practice the market economy. This thesis studies the illegality of the resale price restriction act by observing some kind of concrete type of the act. Moreover, surveying the changes in the evaluation of each country to the resale price restriction act, this thesis studies the resale price limitation act had received what kind of evaluation in what kind of social situation. Lastly, the related regulations in Chinese present law are examined on the assumption of such works. Then, on the basis of the present condition of society in China, this thesis studies what kind of the law system of the resale price restriction is eligible.The introduction of this thesis shows a general view to examine the resale price restriction act. That is, drawing a parallel between a civil law and an economic law, studying the purpose of the competition law, contrasting the vertical restriction with horizontal restriction, etc.Chapter 1 and 2 of paragraph 2 studies a general matter concerning the resale price restriction act, for example, the definition of the resale price restriction act, the substantial illegality of the act, etc. Concretely, that is, the feature of vertical restriction, the relation of the intra-brand competition and the competition which existence between one brand and another brand, the concept of single execution and the joint implementation, etc. This thesis studies the illegality of the resale price restriction act on the basis of the theory regarding these matters. In Chapter 3 and 4 of paragraph 2, the history of the system of the resale price restriction act in each country is explained. Moreover, it introduces the reason why such a system is enacted.Paragraph 3 examines the resale price system of Japan. Because the antimonopoly policy of Japan deserves to be refer, since Japan is in the same standpoint as China in the point to have followed Antimonopoly Law that originated in Europe and America. Concretely, besides the law in force, the transition of the operation of the antimonopoly practice is observed. Moreover, it introduces some typical judicial precedents, and it is assumed the base of consideration.Finally, paragraph 4 examines the law of China. Concretely, some related regulations such as "Price method" in the existing law and the"Antimonopoly Law (draft)"are examined. Basing on the present market economy of China, the resale price system that China should execute is examined. Concretely, the thesis takes up the case with a different type of vertical restriction, analyzes the present condition, and suggests some ideas regarding "Antimonopoly Law (draft)".