Anti-monopoly Law Regulation Of Resale Price Maintenance

Competition is the core element of the boom. Benign competition in the market environment, can not only promote the rapid development of productivity, also can maximum limit satisfy the needs of consumers. At the present stage of our country, the economy is in a transition stage, the market increasingly competitive, guarantee benign competition environment is particularly prominent. Resale price maintenance, as a form of vertical monopoly, more and more appear in the process of economic development in our country, it restricts competition in the market, not only harm the interests of consumers, but also the economic development of our country environment. Therefore, China must be in the form of legal regulation, the law of the People’s Republic of China anti-monopoly law "(hereinafter referred to as the" anti-monopoly law ") arises at the historic moment. The anti-monopoly law to take effect on August1,2008, in the second chapter of the law of monopoly agreements made a complete and simple rules. However, due to the extremely strong concealment vertical monopoly agreements, makes the "anti-monopoly law" the regulation is relatively fuzzy, it has also become investigate vertical monopoly case one main reason it is difficult.In recent years, our country’s resale price maintenance case appear more frequently. Like2008sharp bond company by Johnson&Johnson in the sales contract to limit the resale price terms and by Johnson&Johnson punishment by the Shanghai municipal first intermediate people’s court, in2013, the national development and reform commission of maotai, wuliangye, two big companies resale price maintenance behavior punishment, show that resale price maintenance has been in the market competition is widespread in our country. Although our country has issued the anti-monopoly law in2008, but the law requires general sex, make relevant departments in our country appeared many problems in the process of application of law, the handling of the case has caused widespread discussion. So, this article will take the resale price maintenance as the research object, analyzed our country anti-monopoly law to the deficiency of resale price maintenance regulation, and with the national development and reform commission of maotai, wuliangye case found in the process of the defects of the applicable law.For resale price maintenance regulation, economic developed for in-depth study of the European and American countries, and formed a series of statute and case verdict. In view of this, this article from our country "antimonopoly law" article14, article15, article46,50, on the basis of comparative analysis of foreign related regulations, combined with actual situation of our country’s existing system of resale price maintenance behavior research, draw lessons in Europe and the United States and other countries on the behavior regulation, on how to better regulate our country resale price behavior of its recommendations, expected to enrich the resale price maintenance in the future in our country antimonopoly law theory and practical work.This article is divided into five chapters. The first chapter is the introduction, this chapter introduces the article selected topic background, the selected topic significance, the domestic and foreign research contents, research methods and research ideas for development. The second chapter to restrict the resale price of basic theory, this chapter limit concept, origin and classification of resale price, as well as the necessity for anti-monopoly regulation resale price maintenance behavior. The third chapter "maotai, wuliangye case", for example, from the national development and reform commission on the fact of the investigation and punishment based on, to analyze how to apply the anti-monopoly law in the specific case in our country, and the applicable in the anti-monopoly law. The fourth chapter for the European and American countries for resale price maintenance behavior regulation, respectively, in the European Union and the United States legislation, for example, to analyze its advantage of rules and regulations, introduced can be used for our country legislation rules. In order to make up for the defects of legislation in our country. The fifth chapter is the perfection of the anti-monopoly law in China, to Europe and the United States advanced experience as reference object, and enrich our country anti-monopoly law regulation of resale price maintenance.