On The Vertical Monopoly Agreements Regulation

With the rapid development of social economy, trading in the form of diversification, vertical monopolistic behavior more and more hair. Identified the presence of hard, hard evidence, not clear division of labor between law enforcement agencies, law enforcement personnel professional quality is not high, punishment is not enough other issues. In this paper, starting from an actual case, leads to vertical monopoly agreements, and several issues discussed above. Vertical monopoly agreements specified by law, there are two types of this statute made provisions enumerated type.The first part of this paper introduces the concept of vertical monopoly agreements, features and its type. Type of law has a fixed price for resale to a third person, the third person limited to the minimum resale price. According to this theory two specific types, again divided into three specific vertical monopoly agreements. This article describes when the type of vertical monopoly agreements, but also to identify vertical monopoly agreements made a brief introduction. After it shows the double impact of vertical monopoly agreements on economic and social development. Shows that the negative impact is to explain to the vertical monopoly agreements regulating the necessity and urgency at this stage. To solve a problem, we have to be realistic understanding of his situation, just to solve one case to understand the facts of the case it’s the same, so this paper discusses the issues of fact at this stage of vertical monopoly agreements, namely the status quo.Through analysis of the current situation, we can find at this stage vertical monopoly agreements in practice many of the problems, the first is the source of the problem, namely the problem of the legislative level. Second is the main problem in the judicial practice, that evidence collection and identification, as well as proof of assignment of responsibility. Vertical monopoly agreements in order to regulate, it must first be determined that a vertical monopoly agreements, which requires a lot of evidence to prove that, but at this stage in our country finds vertical monopoly agreements, the provisions of the relevant evidence is still relatively small, the content of a single imperfect.In terms of our law less vertical monopoly agreements, but this has much abroad and learn from our comparison of effective regulations, this paper lists several typical of countries such as the United States, Germany and other developed countries, through understanding of the relevant provisions of the foreign countries, we can according to China’s actual situation, learn from the provisions of foreign countries, to develop more suitable way to regulate our country. In this paper, the fourth part of the problem mentioned earlier in this article, made a perfect remedy proposal, a top-down measures to improve the sound, the first legislation to solve the problem at the source, the next step is to improve the administration of justice. Only after complete these deficiencies in order to effectively regulate vertical monopoly agreements.