Research On The Illegal Judgment Of Resale Price Maintenance In Implementation Of Antitrust Law

In the economics and business, operators taken the resale price maintain to getcompetition. If according to the traditional civil law, the right to dispose freely is notsubject to legal restrictions. But in the point of view of antitrust law, in fact, resaleprice maintenance plays a very complex competitive impact. There have positiveeffects, and also including the limited impact of competitive relationships. So resaleprice maintenance has illegal roots. At this time, we can only use laws to regulate thisbehavior to safeguard the interests of the majority of the antitrust laws. However,there has another problem. Because of the unique principles﹑abstract requirementsof antitrust laws, face to the resale price maintenance which have complex effects tocompetition,even if with the root causes of illegal, because of the role of promotingcompetition, making it difficult to be characterized clearly. It makes a result, judgingthe illegal of resale price maintenance to become a major task in the implementationprocess of antitrust laws.In the United States and other developed countries, resale price maintenancebecomes a illegal action at the earliest time. Using the per se rule or rational principlesto get right judgment of the illegality of resale price maintenance. Protect thosereasonable actions of resale price maintenance, regulatory the action which restrictscompetition to achieve the purpose of the antitrust laws which protecting the legalinterests. Our country has a certain understanding for the influence of resale pricemaintenance, takes the types of resale price maintenance to be regulated of AntitrustLaw. However, the development degree of China’s anti-monopoly law is not enoughperfect. And practical experience is also lacking. There is a big controversy oncompetitive effects、legal interpretation etc. Our illegality judgment process has alarge gap to compare with the U.S. and EU.With the development of market economy，resale price maintenance becomesmore common in the field of antitrust law. The current laws achieve its proper role.Compare with the U.S., EU and other countries, we find our much shortcoming.Those shortcomings undermine competition.Therefore, with the socio-economic development of our country, we must toimprove the shortcoming of resale price maintenance. These measures include:develop normative documents, establish rules that determine illegality of resale pricemaintenance, and so on.