Study Limitations Minimum Resale Price Agreements Identified Problems

On August1,2013, the case that Rui bang complaint Johnson vertical monopoly agreement dispute got the final verdict which decided that Johnson taken minimum resale price measures directly produced the effect of eliminating or restricting competition and the court in Shanghai corrected The first-instance judgment. This is the first time that China’s judicial system is so perfect state key component of the limitation of minimum resale price agreement (vertical monopoly agreements).The impact on the judicial and academic fields are extremely far-reaching. In our country’s court this is the first civil case of vertical monopoly agreements and also the first time that taken the maintenance actions of resale price to the judicial process.Through careful analysis of this judgment, it is not difficult to find the internal logic of the "anti-monopoly law" and specific expression are problematic.Therefore, this paper attempts to analyze these problems, answer the source, the meaning and the components of resale price maintenance agreement as well.Besides, then give a detail demonstration about restricting competition.This total is divided into four parts:The first chapter is an introduction, a brief background of the topic of this article,the significance of the topic and research methods.The second Chapter simply sets out the Rui bang against Johnson and the Court of Final Appeal judgment, which two of the main points of content in the case:What are the elements of the resale price maintenance agreements? How to identify these agreements have the effect of excluding or restricting competition?The third chapter analyzed the two main issues in detail, respectively from three aspects of analysis:the confirmation of nomology, the regulation of law and the judgment of the court on.The fourth chapter carries out a comparative analysis of minimum resale price agreements, and then analyses the principles which are applicable to minimum resale price, and finally proposes the analysis and suggestion of the "anti-monopoly law".