A Study On The Criteria For Determining The Illegality Of Resale Price Maintenance

Market competition can activate social capital and stimulate social vitality.Especially in the deepening of reform today,we must play the role of competition in the market.However,along with China’s reform into the deep water,the market competition mechanism gradually matured,in the relevant market Guizhou Maotai Sales Co.,Ltd.vertical price monopoly agreement,Beijing Rui Bang Chung and Electronics Co.,Ltd.Johnson & Johnson(Shanghai)medical equipment Limited Longitudinal Price Monopoly Agreement Dispute Case A large number of vertical monopoly disputes Case-intensive Although a large number of resale price maintenance cases appear in various areas of economic development,but in a large number of resale prices to maintain the case to sort out,consider the basis,we can It is concluded that there is still a lot of loopholes and flaws in the regulation of this phenomenon in the anti-monopoly law.There is no rules for the regulation of the resale price in the anti-monopoly law.The main reason lies in the "antitrust law" on the provisions of the principle of vertical monopoly and fuzzy antitrust laws Article13,14,15 of the different understanding of the provisions of the judiciary and law enforcement agencies in the same case of the same nature Of the illegal identification,the views of differences.Similarly,in the academic community,the resale price maintenance behavior of the illegal identification rules have not reached a consensus.Therefore,in the current context,the resale price to maintain the illegal benchmark for further study,unified identification of standards is very important.Resurrection price is maintained at the predicament of the law of law,not only the destruction of the authority of the law,the predictability of legal certainty,but also the law enforcement activities of the anti-monopoly law enforcement agencies and the judicial activities of the judiciary Negative Effects.The market economy in the competition mechanism to play the damage,undermine the well-being of consumers.Therefore,as soon as possible to determine the resale price to maintain the behavior of illegal identification rules is imperative.This article first through theintroduction of basic theory to resale price maintenance behavior has a clear,accurate and comprehensive understanding.And then on the basis of our country’s national conditions on the basis of their own illegal rules,reasonable rules,can be defended the rules of the three rules of the law to compare,analysis and discussion,and finally should be held to defend the law of the presumption of illegal conclusions.Based on the basis of the country,learn from the United States,the European Union and other developed countries experience,proposed from the following aspects to optimize the resale price maintenance regulation.First,in the legislation clearly on the resale price to maintain the legitimacy of the criteria for judging-to defend the law to determine the main law.Second,improve the provisions of China’s anti-monopoly law on the burden of proof.Third,improve the vertical monopoly behavior of the exemption.