The Anti-monopoly Legal Regulation Of Vertical Restrictions

As the regulation of monopoly, "the sword of dharma Chris",the anti-monopoly law to take effect on August 1, 2008. The law rules systematically the monopoly, law enforcement and legal responsibility, etc. The anti-monopoly law has been enacted, which not only make free competition, fair competition widely accepted, but also have a profound impact on economic, social, cultural and political aspects. How to apply the function of the anti-monopoly law appropriately, it is very important and realistic issue worth studying.With China's antitrust for six years, it presents new characteristics and landscape.Firstly, The anti-monopoly law enforcement investigation is normally; Secondly,anti-monopoly civil litigation increases, as the beneficial complementarities of the administrative law enforcement; Thirdly, the antitrust cases become increasingly difficult,complicated, involving more frontier; Fourthly, people pay more attention to industry monopoly and administrative monopoly; Fifthly, China,the European Union and the United States have been as the world three big antitrust jurisdictions. However, the implementation of the anti-monopoly law in China is far from perfect. At present, China's antitrust enforcement mainly concentrated in the field of administrative law enforcement, is weak in judicial proceedings. The law of various concrete system is uncertain, especially in vertical monopoly all over the world. So, The cognizance of the vertical monopoly is a difficult point of the anti-monopoly law, an inevitable part of china ' s market economy.In a case which heard in Shanghai in medical equipment market, as the first vertical monopoly case, the controversy focused on the plaintiff qualifications of the participates of monopoly agreements, the burden of proof allocation on both sides and the cognizance of the vertical monopoly, how to treat vertical monopoly objectively, to solve the problem of vertical monopoly of China's real common ills. Suggestions to consummate the research of plaintiff qualification, adhere to the principle of relaxing but not indulgence; Take reasonable way to treat the vertical monopoly, with the core constraints, improve the allocation of burden of proof, perfect the anti-monopoly law; make the anti-monopoly law enforcement guide, pay attention to consumer welfare and the interests of the whole society. I always think, the implementation of antitrust is in need of the global competition, China has to recognize theantitrust can only optimize the market environment, rather than universal drug for the market failure. Finally, the writer hopes this article can contribute to the judicial practice.