A Study On The Regulation Of Anti - Monopoly Law To Maintain Resale Price

Resale price maintenance for books has a long history, but the real cause wide attention to this one problem of economic law circles of our country began issued "the book even bargain rule" in January 8, 2010, the core of the rules the request for publication within one year of the book on the retail price may not be lower than the copyright page 85%. Although under the pressure to delete ‘Books Limited fold’, but this does not affect the legal circles on the legal issues of the opportunity of resale price maintenance. Rules about books resale price system in China is chaos, and is lack of legal force. It is imperative that standardize the pricing of books and other publications, rectify market competition order, and it is related to the subsequent development of publishing industry chain. The resale price maintenance needs an effective legal supervision system, how to perfect the legal regulation of the resale price maintenance in China, from the aspect of law ensures the welfare of consumers and promote the development of the publishing industry, it is the topic. In this paper, first of all need to the price behavior of the world’s major countries and regions typed with anti-monopoly policy research, and analysis of their respective legal theory according to, and then to judge future books keep resale price system in China, and finally puts forward legislative Suggestions.Specified in the price of books typed study, clear free pricing and resale price maintenance system. Analyzed respectively on behalf of the state of the antitrust laws on the books of maintaining the resale price behavior attitude or attitude change, through these analysis, the author thinks that the antitrust laws of resale price behavior attitude roughly divided into two kinds, namely the prohibition and exemptions, two opposite attitudes exist at the same time there must be the reason of its existence.In book two big price system according to the study of legal theory, analysis of the anti-monopoly law benefit structure, find out the books to maintain the resale price behavior has violated the competition free ideas on one hand, weaken the books market competition, and more than likely provide convenience for horizontal collusion; But on the other hand, can promote the development of the industry, improve the efficiency of the competition, to protect minority press and small bookstores survive, promote cultural diversity. The author thinks that freedom and competition efficiency are the antitrust laws to protect the value of the target, whether in the anti-monopoly law exemption books implement maintain resale price behavior, embodies the value orientation of the two conflicts, it involves public choice.Finally, the integrated library maintains resale price behavior of the double effect of competition, and book publishing market in China’s own situation, the author thinks that maintain resale price system should stick to books, build books maintains resale price exemption clause in the anti-monopoly law, establish some books at the same time maintain system of resale price.