Resale Price Maintenance (rpm) Of Antitrust Research

The 'Constitution' of Chinese market-oriented economy, namely, Anti-monopoly Law of People's Republic of China has been enacted and come into force. However, there is serious controversy and disputation on the research and application of that law, especially in the respect of Vertical Restriction. This dissertation gives a research on Resale Price Maintenance, one of the sub-propositions in Vertical Restriction, on the basis of reviews of the literature in U.S. E.C. and P.R.C.From perspectives of economics and anti-monopoly law, the author makes a study of the economic principle of RPM and its influences in social welfare and market competition, introduces the substantive and procedural law which could be employed to deal with RPM phenomenon, explores the frontier of RPM research in some new areas in future, and offers his own opinions and suggestions to Anti-monopoly Law of People's Republic of China under the best of his understanding in the current fundamental realities of P.R.C. market-oriented economy.The content of this dissertation includes:In Chapter 1, the author explains the definition, classification and phenomenon about RPM throughout the world so that gives a brief introduction of RPM to readers.In Chapter 2, the author examines the rules under Western Anti-Monopoly law (U.S. and E.C.) that towards RPM, considers the methodology of litigation, judgment doctrine and exemption of RPM cases. Meanwhile, under the consideration of the fundamental realities of P.R.C. , the author elaborates his different opinions in the specific rules of RPM in Anti-monopoly Law of People's Republic of China.Since the first concern lies in comparing the influence of RPM towards social welfare and market competition when court deals with the legal problem in RPM cases, the author discusses the relative research of RPM among western law scholars in Chapter 3, which includes the incentive of RPM, the effect of RPM and some unsolved RPM problems. Through those experiences the author wants briefly probe into how to balance the positive and negative effects RPM played in the market and finally, under his own mathematical model he arrives at a conclusion below.In conclusion, the author summarizes his opinions in former chapters and believes that, given the Chinese market mechanism is still not complete, RPM can keep the competitive market structure, which is the most important condition to the development of Chinese Market-oriented Economy. Therefore, the specific rule about RPM in Anti-monopoly Law of People's Republic of China seems too strict to maintain the vitality of market and smash up the monopoly or oligopoly. Hereby the author calls for a modification of that law or a relatively loose judicial interpretation of RPM.