On The Regulation Of Longitudinal Monopoly Agreement In China 's Anti - Monopoly Law

Vertical-Monopoly Agreement refers to any agreement or cooperative behavior made between suppliers and distributors on elimination or restriction of competition in relevant market. There are two major legislation rules within the Anti-Monopoly Law which are per se illegal rule and the rule of reason. Western countries and areas such as the United States and the European Union use the co-existence pattern of general prohibition and extensive exemption towards this particular issue.Despite the given facts, the newly promulgated monopoly law of People’s Republic of China has taken a different way of legislation in Vertical-Monopoly Agreement, in which a prohibition list of typical agreements has been set out with a general clause to regulate those not being concluded. However, the aforesaid legislation method of Vertical-Monopoly agreement came across problems when put into practice because of its relatively narrow scope and vague definition.First of all, People’s Republic of China Anti-Monopoly Law is not clear about the legislation rule which brings about difficulties in dealing with the real cases. Secondly, the prohibition list of typical vertical-monopoly agreement is not inclusive of the non-price related kind. Thirdly, the exemption clause failed to provide executive standards for applying.This thesis, with its goal to solve the above problems of determination and exemption of Vertical-Monopoly Agreement, will first focus on the existing laws and regulations by research methods of theory analysis, legal text analysis and case analysis for the solution. In the second part of this thesis, I will propose several feasible perceptions for the above problems through all these analysis. In the last part of this thesis, I introduce the legislation practice of the other countries and areas for the future amendments or supplementary legislation.After all the analysis, I conclude that only in condition that we organically combine the actual demands and future economic development trends in China can we put forward a reasonable solution for the future amendment of China’s Anti-monopoly Law.