The Regulation Of Our Country Anti-monopoly Law For The Longitudinal Limit Competition Behavior

Vertical agreements restricting competition on the legal regulation in recent years hasbeen a focus of antitrust law and the difficulty of the study,Divergent theory and practice ofvertical restraints enforcement agreement attribution fuzzy indicate a difficult research on thisissue.Some European and American countries, even more perfect market economycountries,the theory of vertical restraints can hardly be said to mature,are still very amplespace research.In China, the study on vertical restraints has only just begun, both in theoryand practice, the development are still not mature enough.With the continuous development ofChina’s market economy,competition order in the domestic market is worrying.Verticalrestraints uniform pricing transactions,limiting sales area,tying and other transactionconditional frequently occur, and even more serious.Therefore,vertical restraints discuss legalissues either in theory or in person still has an important significance in reality.In this paper,the standard analysis, comparative analysis, case study analysis and othermethods,in addition to the introduction,conclusion,the text oft he main content is divided intofour parts.The first part of the vertical agreements restricting competition on the basic issues werediscussed, namely describes the concept of vertical agreements restricting competition,characteristics, classification, and finally vertical agreements restricting competition on theeconomic effects were analyzed.The second chapter discussed two principles of modern antitrust law that is formed andrational analysis of the per se rule against vertical restraints competition principles to explain,the per se rule and the rule of reason are the two fundamental principles of antitrust law,meanwhile represent the relationship between them.The third chapter summarizes the vertical agreements restricting competition on foreignregulatory experience such as the EU, the United States and other regional legislation on thestatus of vertical restraints, such as behaviors and current situations and summarizes theirexperiences.Finally, with most important contents of my statement, is focusing on the latest cases ruling of the antitrust laws to regulate the behavior of vertical restraints, and analyze thelegislation of our country, and finally present to improve our legislation vertical agreementsrestricting competition thinking and recommendations: First, we propose that makedistinction to legislation on liability in the horizontal and vertical monopoly agreements tomake legislation clearer and more operationally. Second, we should establish the monopolisticbehavior longitudinal special chapter. Third, the proposal should determined in the laws andregulations enacted in there may be other types of vertical agreements in life and clearlyexplains. At last this paper recommend a standard for clear legislation to limit verticalmonopoly agreements. Most of the country for most of the basic agreement and a handful ofnon-price vertical longitudinal price agreements are basically using the principle of rationality,so I think our country should be written clearly the principle of rationality in the developmentof "anti-monopoly law".