Research On The Anti-monopoly Laws Issues Of The Proposed Maintenance Market Retail Price

With the development of productivity, scientific and technological progress and promotion of people's living standards, retail goods have to face the changing consumer demands and increasing competition, and the manifestation of commodity prices are evolving continuously. Manufacturers produce a wide variety of products while sellers have to increase business sales and production information exchange with the manufacturers in order to meet more diversified, individualized needs of customers in the sales market. Thus, the manufacturers can obtain a lot of information about market demand. At this time, manufacturers establish a "recommended retail price maintenance market" according to the limited market information mastered by them.However, China is a market whose productivity level of development is imbalanced; there is a gap between socio-economic development of different regions and the related supply and demand conditions are very different. This is reflected in the abundance of goods, the mode of purchasing and consuming, discrepancies in products prices and so on. This originally complex market, with China's absence of commodity price adjustment mechanism, makes the emergence of China's commodity pricing chaos. Laws or regulations enacted in China can't clearly define or regulate proposed maintenance market retail price. Whether the appearance of proposed maintenance market retail price will affect the competition under a market economy or create price discrimination, vertical limit, and predatory pricing in the production of anti-competitive behavior? This legal issue concerning goods purchasing becomes very complex and we can not define the nature of proposed maintenance market retail price.This thesis starts with the definition of the nature of the proposed maintenance market retail price behavior, using the relevant economic theories to understand the anti-competitiveness of proposed maintenance market retail price. Based on the economic analysis, this thesis uses the knowledge of legal theories to study the legal issue of the proposed maintenance market retail price in the anti-monopoly field, analyze the connivence of proposed maintenance market retail price and use rational principles to analyze the legal issues caused by unilateral conduct business. After this, this thesis further analyzes that as China's Anti-monopoly Law has just been established, its legislative technical shortcomings and the lack of measuring criteria make our anti-monopoly authorities couldn't completely apply Oligopoly and the Antitrust Law. The rational principles and the unilateral contract theory from American Sherman Antitrust Act will help us to understand the monopoly of proposed maintenance market retail price and guarantee the work of China's anti-monopoly can effectively safeguard the fair competition of market economy participants, ensure market economy exerts optimal allocation of resources and avoid the negative impact brought by anti-competitive conduct.