Study On Auto Parts Resale Price Maintenance

Being the necessary part of life in th e large and m edium-sized cities, the existence and development of auto industry associates with relevant industries via linkage effect, and plays an im portant role in nationa l economy. The inte rnational popular 4s m arketing pattern was intr oduced in our country, while providing convenience to consumers also sparked controversy at the same time. The key issue is the unity of the 4s shop pr ice mechanism. The anti-monopoly law was enacted to set up a legal framework for China’s market competition order, to standardize the market main body, playing an enorm ous role in the aspects such as safeguard consum er interests. But in terms of the auto industry, the “automobile brand sales management methods”(hereinafter referred to as the “method”) was promulgated in 2005 for the 4s auto industry m anagement mode and provided a legal basis, especially about the content of the autom obile suppliers implement brand requirem ents of the network planning, the defects of existing res trictions on competition. At the sam e time some business rules in auto sales 4s m ode also conflicts with the relevant provisions of the “anti-monopoly law”.Automobile enterprise between the interests of the incandescent stage, and strive to enter for each brand ’s vehicle s ales prices are transp arent, increasing attention would be paid in after-sales market. And the spare parts and af ter-sales service is implementation of the autom obile industry monopoly centre. These two antitrust regulation is not only related to the immediate interests of the consumers, but also related to the healthy developm ent of the whole m acro economic environment. Antitrust theory development in our country has not yet m ature, mostly in the anti-monopoly law principle provision of co arse framework, lacking in rigorous and meticulous applicable standards, combined with relevant industrial policy problems, leading to the lag of the legal regulation disoriented. With the combination of theory and practice, the writer analyzes the current status of auto parts sales an d the resale price maintenance of anti-monopoly law, in reference to the European Union and the United States and other countries on the basi s of legislation and j udicial practice, to auto parts resale price article discusses a series of problems in the anti-monopoly law to the relevant legal system and the devel opment rules of industry help. The full text consists of the following four parts:First of all, the anti-m onopoly law regulation on the basi c theory of resale price maintenance, from improving the f airness of the m arket competition, improving economic efficiency, the safeguarding of cons umers’ rights perspective, to clarifing the value target of regulation resale price maintenance, with the two basic princip les of the United States antitrust law which will resale price maintenance problems in theoretical framework, the contrast analysis of China’s relevant laws and regulations for the specific provisions of the vertical monopoly agreements, that Chinese antitrust legislation is not careful, not enough law en forcement measures, and penalties. With standalone components and high cost to a certain extent, the action had adverse effects on the consumers’ rights and interests.The second part is the core of this article, the main carding auto parts to maintain the manifestation of resalsing price for in fringement of its governance situation both at home and abroad. The European Union in the ear ly twentieth century with professional business ideas replaced the car sales 4s m ode, so as to give dealers an d automakers equal market position. Am erican antitrust legislation and law enforcement experience is very rich, in a tim ely manner information disclosure mechanism of public protection under the market main body access. The author from the introduction of domestic auto parts sale s channels is introdu ced into the 4s shop of the difference in operating m odel and common independent retailers, looking for brand vehicle dealer how through the vertical agreem ents with the downstream dealers, restrict distributors independent pricing power, exclude competition, in order to achieve the interests of the exclusive purpose. Focusing on th e analysis of auto parts industry resale price m aintenance problem whether to apply the anti-monopoly law in our country about exemption clause.Finally, on the basis of above analysis, th ink deeply about the crux of the auto parts industry in our country, using th e experience of European and Am erican countries of antitrust enforcement, on the basis of China’s anti-monopoly legislation value, through perfecting th e legal and industry self-dis cipline two-way, achieve better results in our spare parts sales. Mainly from two aspects, one is to introduce the anti-monopoly law as soon as possible the detailed rules for the implementation of form a complete set, with the professi onal characteristics of the anti-monopoly la w enforcement; Second, combining the developm ent status of our spare parts industry, reasonable trade-off European and Americ an experience, clear competitive environment in the hope of better also conducive to the consumer.