The Research Of Anti-Monopoly Issues On Exchlusive Dealing

Exclusive dealing, as a modern effective business model, is a complicated vertical restrictions based upon contracts, with the involvement of the counterparties'interest, the competitors'interest and the competition order. The extension of this restriction is defined as the exclusive distribution and exclusive purchase.Exclusive dealing arrangement is a special relational contract. Because of competition and cooperation among market subjects resulted from the competitive mechanism, this arrangement do not comply with the principle of autonomy of will but need some particular conditions including the counterparties'market power and their competitors'market position, the control about resale and the need about maintainance of a brand. As the saying goes, the same knife cuts bread and fingers, and exclusive dealing effects inter-brand and intro-brand competition, which have induced the dual effect about promoting and blocking competition.When the function of law is not confined to facilitating market dealings, antimonopoly law takes the responsibility to regulate exclusive dealing on behalf of competition order. Exclusive dealing that have related to legal interest of antimonopoly law may concern varieties of anti-competitive practices consisting of horizontal restrictions, vertical restrictions, abuse of dominant market position and price discrimination. Under this circumstances,the systematic regulation means are definitely required. Moreover, the affirmation of its illegality will depend on the multidimensional value goal of antimonopoly law in different countries with diverse economy reality.According to the analysis about the interrelated legislation and precedent in force in the United States and European communities, we can conclude that the means relevant to the application of antimonopoly law to exclusive dealing have gone through a process from Per Se Illegal to Rule of Reason, future more, this evolvement have reflected the economists'deepening research on exclusive dealing. The concern about conditions of exemption toward exclusive dealing rest with four respects covering relevant market circumstances, market power of counterparties and their competitors, the necessity related to the restrictions, and exchange section and product nature as well. The overall social welfare, as the workable standard of the antimonopoly exemption, should take all market participants'interest in consideration and the consumer welfare is primary.Chinese Antimonopoly Law just bring exclusive dealing into the realm of abuse of a dominant market position to regulate, at the same time, the related articles on vertical monopoly agreement is not clear and definite toward exclusive dealing, also there have not been specific exemption standard yet. In order to perfect the regulation of antimonopoly law toward exclusive dealing and promote this effective Marketing model to go on the track of sound development, by the way of"goal- reality- reference- construction", this thesis have designed the route selection about regulation of antimonopoly law toward exclusive dealing systematically, and bring forward advices about defining the concrete exemption standard as well as the legislation principle of general prohibition and block exemption.