Research On Regulating Vertical Monopoly Agreements In Anti-monopoly Of Law

With the prosperity and development of market economy，The main body ofmarket competition between patterns also tend to diversify.Monopoly agreementforms appear in the economic life of the variety. Not only the existence of thehorizontal monopoly agreement、The vertical monopoly agreement，Also often existhorizontal monopoly agreement and the vertical monopoly agreements crossphenomenon. Vertical monopoly agreement refers to in different production stages orchain enterprises to limit freedom of business behavior. Compared to withHorizontal monopoly agreements, analysis of Vertical monopoly agreement is morecomplex, mainly reflected the positive role in Vertical monopoly agreement and thenegative effect. At the same time for the normal market competition order, thelegitimate rights and interests of consumers, maintenance of small and mediumenterprises has certain harm the interests of. As a developing country, legislation onmonopoly agreement in terms of late, Legislative system is still not completemastery. In this situation, is often a monopoly agreement actors to do. This makes fora monopoly agreement perfecting legislation is more necessary. At present, allcountries in the world of the vertical monopoly agreement also has made thecorresponding regulation. Our country also through "anti-monopoly law" thefourteenth regulation has been carried out on the vertical monopoly agreement andmake the exemption through fifteenth. But these Provisions also exist someshortcomings, such as the bottommost clauses is ambiguous, law enforcementagencies, the problem of insufficient punishment confusion etc.Vertical monopoly agreement unlike Horizontal monopoly agreement is seriousharm, but there are also some negative effects for the reasonable market competition.By analyzing the definition, characteristics, effects of Vertical monopoly agreement,through the introduction and comparison of foreign advanced experience, putforward China’s antimonopoly law on the vertical monopoly agreement regulationdeficiency, and puts forward suggestions. This paper introduces the basic theory of Vertical monopoly agreement, theanalysis in this part, the definition of Vertical monopoly agreement elements, forms,effects to make general introduction. Introduces the foreign regulations Verticalmonopoly agreements system, through the introduction and analysis of American,EU’s law, Germany’s anti-monopoly legislation more advanced countries, andprovide a basis for our anti monopoly law reference. China’s regulation monopolyagreements system present situation analysis, this paper points out the problemsChinese monopoly agreement. Basically aimed at Chinese monopoly agreement theregulation system is not perfect condition, puts forward the corresponding perfectingmeasures.The author hopes that through this writing, for our country to provide a methodfor analysis and reference in the regulation of the vertical monopoly agreement,provides the meager strength for the development of China’s anti monopoly law.