The Fixed Resale Price Regulated By American Antitrust Law And The Enlightenment Of It

The fixed resale price will restrain the market competition which is regulated byanti-monopoly law. With the deepening of economic activity, it’s becoming more and morewidely, the fixed resale price behaviors is much more common than before. Due to it is an act oflimiting competition, it can cause damage to the fair competition of market environment, and alsodamage the economic interests of the others, especially the consumers’ interests. All countries inthe world make it regulated by anti-monopoly law.Take the condition of imperfect regulation of anti-monopoly law into consideration, thisarticle will give some suggestions to the perfection of China’s anti-monopoly law from thesuperficial study of American’s attitude to fixed resale price maintenance according to thehistorical evolution of legislation, and study the fixed resale prices of United States’ antitrust lawsfor the enlightenment of international community and our country, hope it will be helpful to theperfection of China’s anti-monopoly law theory and economic practice guidance.This article which focuses on this theme, combines theory with practice, will discuss from thefollowing aspects:The first part of the article will describe the attitude of the United States to maintain thehistorical evolution of the fixed resale prices and trends. First of all, it will analyze the regulationchange of attitude, according to the analysis of the two principles. Secondly, with the minimumresale price, the highest price as the breakthrough point, this part will research the trend of RPM.Finally, research its latest changes, to make preparation for the later description.The second part of the article will focus on analyzing the legislation on fixed resale price.Compare the maximum resale price to minimum resale price and recommend the legislation resaleprice, then summarize the differences among them and emphatically analyzes the resale pricemaintenance regulation.The third part, this part will research the control of the fixed price for resale from bothdomestic and international. In the first level, research the distribution and political inclination; inthe second level, starting further research the control of fixed resale price of America antitrust lawfrom the restrictions and penalties perspective. The fourth part of the paper, it will gain enlightenment from the anti-trust laws. ResearchChina’s anti-monopoly law regulation of resale price maintenance, aiming at the improvementrecommendations. On the one hand, further clarify the responsibility from the legal liability. Onthe other hand, perfect the private litigation from the exemption and procedures.