Under Antimonopoly Law Field Of Vision Vertical Restrictive Competition Behavior

At present, there are lots of study on Horizontal restrictive competition behavior in our jurisprudential circle , however, vertical restrictive competition behavior is apparently lack of research and the regulation of China's anti-trust law law on vertical restrictive competition behavior is defective. Although vertical restrictive competition behavior has some positive effects, its negative impact and damage on free competition is obvious. Therefore, this paper selects vertical restrictive competition behavior for research,to study and expound the judicial principles and standards of definition of regulating vertical behaviors. Hoping the study of details of the norm could regulate vertical behaviors better ,and combat this danger to protect the healthy development of the market competition and improve China's market economy and system. In addition, there are not so many academic articles studying of vertical restrictive competition behavior. The exists just study vertical restrictive competition behavior by putting it into Joint restrictive competition behavior from the view of macro, rarely studying it from the view of micro. This paper starts from the micro-point, to have a deep analysis on it. Getting a scientific and just conclusion , in order to enrich study on the subject. This paper consists of four parts.The first part introduces the basic theory background of anticompetitive behavior from a macro view, to give a generalized introduction. First of all, reasonablely defining vertical restrictive competition behavior ,in view of the fuzziness of its positive and negative side ,the basic is to justify vertical restrictive competition behavior. In the academic sector, there is always a lot of controversy on the influence of vertical restrictive competition behavior on the market economy. This part analyzes it from the positive and negative aspects. Besides, due to various forms of vertical restrictive competition behavior in practice, it's necessary to classify the definition of various manifestations and principles established by relevant precedents .The second part introduces some regulations on vertical restrictive competition behavior abroad and the Enlightenments. " By other's faults, wise men correct their own". Regulatory restrictions on vertical restrictive competition behavior abroad, especially in the countries the system of competition law have been improved, such as Germany and the United States, have a system regulation and establish mature regulatory principles. Tthis interception mainly quotes the regulations on the manifestations of vertical restrictive competition behavior of the United States and Germany ,by comparing the generality and personality of the two countries,to provide a reasonable method to introduce it into our law.The third part is about the discussion on the principles of vertical restrictive competition behavior .Anti-trust law has studied it for a long time,and different schools have different ideas on it,their theories have a significant impact on regulating vertical restrictive competition behavior or not for a certain period .This section introduces and analyzes the two representative anti-trust theories, rule of reason and principle of per se violation.Through the summery of the regulation on vertical restrictive competition behavior of our country,the fourth part analyzes its shortcomings and defects, in order to put forward specific proposals,that is , introducing rule of reason and adoping damage of competition and social efficiency and revenue to be the standard of breaking rules or not basically on the principle.