Study Of Anti-monopoly Law Regulation Of The Vertical Monopoly Agreement

In the knowledge system of anti-monopoly law, of anti-monopoly law regulationof the vertical monopoly agreement has been a difficulty in antimonopoly law theoryand practice, is also a focus in the process of China’s anti-monopoly legislation. Withthe continuous development of market economy in our country, the domestic marketorder is a cause for concern. Unified pricing, limiting sales regions, tying and othervertical repo/reverse repo trade monopoly. Vertical monopoly agreement is the productof market economy activities, in sure it for the positive role to promote the developmentof market trading and economy at the same time, also should be admitted that it bringsto price horizontal monopoly agreements, constitute barriers to entry; Contain brandinternal competition between sellers, block market, deprive the operators of marketmain body status of negative influence.Promulgation and implementation of the anti-monopoly law in our country, thereare systems of monopoly agreements, but the vertical monopoly agreement is too thin,this article focuses on the phenomenon of vertical monopoly agreements China’s marketeconomy, the shortage of the existing laws and improve thinking and Suggestions, andtries to antitrust legislation in our country the system of vertical monopoly agreementsand regulations put forward pertinence, the rationality and feasibility Suggestions.Paper is divided into six parts:The first part is introduction.The second part expounds the definition of vertical monopoly agreements, legalfeatures, constitutive requirements and analyzes its difference with horizontal monopolyagreements.The third part introduces the economic effect of vertical monopoly agreements,including the positive aspects and negative aspects.The fourth part introduces the vertical monopoly agreement form and the maincountry of its rules and regulations, as well as the analysis of China’s anti-monopoly lawon the experience of relevant countries for reference.The fifth part has analyzed our country anti-monopoly law regulation of verticalmonopoly agreements, at present our country legislation status of vertical monopoly agreements are illustrated, and made the evaluation, analyzes the deficiencies anddefects.Part6through analysis and summary, reflection vertical monopoly agreementsanti-monopoly law regulation of our country and put forward the perfect proposal.Combined with related national regulation experience of vertical monopoly agreements,pointed out that the regulation of vertical monopoly agreements should be starting fromChina’s national conditions; To restrict competition behavior of the judicial applicationcan take the itself illegal principle and the reasonable principle but is given priority towith reasonable principle the principle of combining; Deal with the anti-monopoly lawenforcement agencies specific legislation; Legislation on vertical monopoly agreementsexemption; To define the legal liability stipulated vertical monopoly agreements, todistinguish the different horizontal monopoly agreements and legal liability.