Research On The Analytical Rule Of Vertical Monopoly Agreement's Illegality

Vertical monopoly agreements means that enterprise at different economic stages make use the way of agreement, decision or other concerted practice to eliminate,restrict or distort competition. Vertical monopoly agreements divided into two parts:the vertical price-fixing agreements and vertical non-price-fixing agreement. Article14 and Article 15 of China's anti-monopoly law constitutes the regulation system of vertical monopoly agreement, but this system is not comprehensive, no clear and unreasonable. With the rapid growth of China's economy, there has been more and more use of vertical monopoly agreements to exclude or restrict competition in our markets. Courts and antitrust enforcement agencies of these acts were regulated and treatment, but in the regulatory process, due to imperfect legislation system, making the court and antitrust enforcement agencies in regulatory process thinking is not clear,even to the understanding of the law contrary to the legislator's intention to make a judgment of reason does not meet the legislative intent. Taking into account the current situation of China's regulation on vertical monopoly agreements, the author investigated foreign regulation on vertical monopoly agreements, select US and the EU, because their rules are most significance for our country. US regulation vertical monopoly agreements dating back to 1890, as a case law, through 100 years of accumulation, the United States determine the rule of reason. The EU determine the rule: prohibition and exemption by a large number of legislation, and enact the specific rule of various manifestations of the vertical monopoly agreements. After learning related systems of the United States and the European Union and consider the China's current economic situation, the author based on economic theory and legal theory, constructs specific illegality analytical rule of vertical price monopoly agreements and vertical non-price monopoly agreements, and recommend legislature enact the guide of vertical agreements.