The Study Of Resale Price Maintenance Regulated By Anti Monopoly Law In China

Resale price maintenance is a typical vertical restraints competition, in essence, to its collusion or coercion by means of limiting the freedom of others resale commodity prices. Although the existence of resale price maintenance on market competition has a positive, but more likely to damage the interests of consumers, a country fair and reasonable market economy. In recent years, China’s resale price maintenance cases occur frequently has posed a serious threat to our normal order of market competition, while China’s "anti-monopoly" of its more general and abstract provisions need to be further refined and improved. Therefore, our anti-monopoly regulation of resale price maintenance still has theoretical and practical significance.This paper uses economic analysis, comparative analysis and case analysis, study the legal problems of resale price maintenance. Removing the introduction and conclusion of this article, the total is divided into four parts.The first part focuses on the basic theory of resale price maintenance. This section defines resale price maintenance from the start, on the basis of domestic and foreign scholars view on resale price maintenance by a comparative analysis, summarized the concept of resale price maintenance, referring located upstream and downstream sectors of the industry on the same transaction who reached an agreement with a third party for resale when commodity or a third person agreed in maintaining resale prices. This section also include resale price maintenance identification, classification, and its anti-monopoly regulation theoretical basis. The second part of the resale price maintenance is the reality of antitrust analysis. This part of the status quo in order to resale price maintenance for the foundation, through the analysis of the state of sharp v. Johnson case and Maotai, Wuliangye case, came out of the resale price maintenance problems of anti-monopoly regulations. The third part is the United States and the European Union resale price maintenance comparative analysis of antitrust regulations. In the United States, some scholars proposed resale price maintenance should also apply Rule of reason, however, the prevailing view is still advocated authority vertical agreements restricting competition Per se rule should apply. The EU did not copy the United States," Per se rule+Rule of reason" regulatory model, but in fully absorb the advantages of reasonable principles of law principles and on the basis of its own, with its own political system and historical tradition developed a " principle of the prohibition+exception to the exemption " legislative system,which is have a higher reference to our country.The fourth part is the core of this article,which discusses the improvement of resale price maintenance of anti-monopoly regulations. For the foregoing practice of resale price maintenance problems of antitrust regulations made perfect proposal, including legal principles determining the resale price maintenance, improving China’s "anti-monopoly law," implementing rules, the proper application of "anti-monopoly law" providing the exemptions, establishing a sound legal system and improving the responsibility of antitrust and other law enforcement system and the judicial system.