The Research On Vertical Monopoly Agreement Regulations In Antitrust Law

The vertical monopoly agreement refers to an agreement which is made by diverse corporation in different productive chains to keep the competition from exotic company far away. It is said that the vertical monopoly agreement contributes to the impair interior competition and make negative effect in earlier theory and practice of Antirust law, so they are banned as horizontal monopoly agreement. Through the theory of further research, vertical monopoly agreement is more complicated when compared with horizontal monopoly agreement. The former limits the competition, but it’s clear that there is more positive effect than the latter. The vertical monopoly agreement hinders the inter-competition; however, it urges the competition among the binders as well as the increasing of after-sales service and economical efficiency. So it cannot be simply banned for its surface illegal. The methods of vertical monopoly agreement consist of vertical price limit and vertical non-price limit; both of them put different influence with competition and call more analysis under the regulation of antitrust law. It is suggested that the agreement should be exempted when the positive effect is major.According to the regulation in Antitrust Law of China, it calls for more attention about vertical monopoly agreement. Although there are various kinds, Antitrust Law states resale price maintenance, and use rest-regulation to control the other vertical monopoly agreement such as exclusive distribution agreement or tying. The model of approaches of vertical monopoly agreement regulation in United States of America and E.U. Vertical Monopoly Agreement should be analyzed to compare its both positive and negative effect as well as its affect in practice to make the decision whether it can be exempted while taking the experience of developed counties for reference.