The Regulation Of Vertical Price Monopoly Agreement Research

Price monopoly agreement is the focus of one of the objects of anti-monopoly regulation, which is divided into horizontal price monopoly agreement and vertical price monopoly agreements. Horizontal price monopoly agreement is the price agreement between competitors, resulting in adverse effects on competition, it is usually applied rule that horizontal price monopoly agreement as long as they are subject to anti-monopoly regulation. But both vertical price monopoly agreements restricting competition results, but also promote competition side, and therefore the law applicable to its horizontal price monopoly agreement and have different characteristics. Since 2008 the implementation of China’s "anti-monopoly law," not only to the provisions of vertical price monopoly agreement is not specific enough, and that the law applicable experience is very short-sighted. This paper by analyzing actual cases our law vertical price monopoly agreement applicable, find the reasons for vertical price monopoly agreements legal regulation deficiencies and law enforcement agencies (NDRC) and the judiciary (courts) there are differences in the application of law, and thus made perfect vertical price monopoly agreements regulating aspects of the proposal. This paper from the following four aspects:The first part analyzes the theory of vertical price monopoly agreement, the first to start to analyze the concept of vertical price monopoly agreements from concept monopoly agreement, and then four master-slave behavior, object and content, methods of vertical price monopoly agreement to conduct determination Finally, by analyzing the vertical price monopoly agreements in different forms of influence on how best to refer specifically to regulate the behavior.The second part of the "milk enterprises vertical price monopoly agreements Case" and "sharp State v. Johnson case" analyzes of vertical price-fixing agreements on legal regulation problems and due to the two cases were heard bodies dealing with the National Development and Reform Commission and the Court caused by different laws apply thinking thrown.The third part through the analysis of the European Union, Japan to vertical price monopoly agreements on legal regulation of the legislative system and the classic case for China to provide reference for vertical price monopoly agreements in the regulation of behavior.The fourth part analyzes the legislative status quo of vertical price monopoly agreements, Combining the analysis of the former three chapters, proposed our country improve the longitudinal Suggestions on price monopoly agreements and regulations, hope to be able to make our country law regulation of vertical price-fixing agreement action is more complete and easy operation.