Vertical Restraints Of Competition Law Research

Vertical restrains are the activities which the undertakings often take up in their business. As a way of modern business, vertical restrains not only have negative effects, but also can bring positive effects. What are the characters of vertical restrains, how can we give them a competition analysis, and how can we limit their negative effects and take advantage of their positive effects? These are really questions when we make our competition law.About the question of vertical restrains, the scholars of our country made some initial study, but as a whole, these are not enough. There are many problems to be solved, such as the definition of vertical restrains, the analysis of the negative and positive effects of vertical restrains and the principles which rule the vertical restrains. In my article, I try to solve them. I make a comparative analysis on the various definitions of vertical agreements, and give my definition on the basis of this competition. I also introduced some laws of other country about the vertical restrains. In the same time, I make a comparison among four concepts: "vertical restrains", "horizontal restrains", "vertical mergers" and "vertical incorporation". I also make a general analysis on the negative and positive effects of vertical restrains, and through making a comparison between the relevant regulations of US and EU, I introduced the three principles namely per se illegality principle, rule of reason, per se legality principle.