The Regulation Of Vertical Restrictive Agreements Ofautomotive Industry Under Anti-monopoly Law

The automotive market is now comparatively competitive in the world. No one can count that how many automotive brands are there over the world. So it becomes a question that how to regulate the complicated automotive market to make it promote the economic for a long time. Vertical restrictive agreement in automotive market has damaged not only the right of decision‐making in management of channel dealers, but also the right of choice and holding the competitive price of consumers, what’s more, it also leads to an expensive after‐sales service. Therefore, vertical restrictive agreement must be regulated strictly. The anti‐monopoly law has been implemented for5years in China, thus how to improve the automotive market has been a project of the department. European Union, as the only one who has regulated automotive industry by independent legislation, has too many experiences for us. The case of auto repair network of BMW and General Motor has bring to the EU regulating reformation in auto operation. This thesis analyzes the way of sound development from the choice of industry policy and competition policy, takes the EU experience and Chinese reality, and uses the methods of comparative and empirical analysis to discuss the policy choice of automotive industry and relative regulation under Anti‐monopoly Law in China within the following four chapters.The first chapter begins from the basic theory of vertical restrictive agreements. It analyzes vertical restrictive agreements from the respect of economic and discusses the expression form. Thus establish the basic theory of vertical restrictive agreements as the base of the following discourses.The second chapter is the expression form and perniciousness of vertical restrictive agreements. It definitely analyzes Chinese automotive industry and the development of relative market, investigates the developing form and policy orienting in China now. And then discuss the expression form of vertical restrictive agreements. After that, the emphasis will be put on the perniciousness, and proceed to the meaning of the regulation.The third chapter sets forth the anti‐monopoly regulation according to the importance described above. As the reason of world experience, taking competition policy as the core of vertical restrictive agreements and even anti‐monopoly law is the key of continuous development of industry. To demonstrate the regulation meaning of competition policy more clearly, this chapter will shed light on the experience of EU auto industry. Begin from the development of EU auto industry and relative industry policy, study the different consider in each development stage. Then it will explain the legislation especially Article101and102of the EU Treaty and the block regulation in automotive industry. Analyzing the two regulations and gain the policy choice of EU auto industry, that is competition policy.The fourth chapter chooses the competition policy as the suit one to China according to the compare of the policy between EU and China. Then it proposes suggestions on the practice of anti‐monopoly law. That is clear the prior of competition policy, then amend enforcement regulations of Anti‐monopoly Law and Implement Rules on Management of Automotive Brand Sales, put stress on the linkage of anti‐monopoly agencies, and reunion the experience of EU guild to rebuild the status of China Association of Automobile Manufacturers, realize the multilevel appliance of anti‐monopoly law, at last, achieve the leading of competition policy in auto industry，realize continuous development by the strength of Anti‐monopoly Law.