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A Study On The Regulation Of Antitrust Law Resale Price Maintenance

Posted on:2017-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:P Y LiFull Text:PDF
GTID:2336330515491542Subject:Economic Law
Abstract/Summary:PDF Full Text Request
China is in the high level of market economy,the market behaviors limit competition are increasing,which will undoubtedly affect the good economic order and restrict economic development.In particular,the price is the core content of the resale price maintenance,once the formation of manufacturers and vendors cartel,resulting in anti-competitive effect,and ultimately will harm the interests of consumers.Rui Bang v.Johnson case in 2012 and Maotai,Wuliangye price fines case in 2013 caused concern in the society.Guizhou Price Bureau,the Sichuan provincial development and Reform Commission and the court of Shanghai City,the results of the deal has led to a huge discussion.There is controversial about using per se rule or rule of reason and how to interpret the legislative intent.At present,Antitrust Law in 2008 have the relevant provisions about the legal regulation on the resale price maintenance.However,these provisions are too general and lacking of direct guidance,which can't limit the resale price maintenance correctly.Under this background,it is very urgent to study the issue of resale price maintenance,which is related to the sustainable development of China's market economy.In fact,the main countries of Europe and the United States have the earliest formulation of antitrust law in the world.They accumulated more than one hundred years of antitrust law theory research and judicial practice experience,which has a very important role in building the resale price maintenance regulation system in our country.Therefore,this article uses the standard analysis method,the cross discipline analysis method and the comparative analysis method to define the meaning and types of resale price maintenance,and discuss the resale price maintenance regulation.Finally,it puts forward the solution to the legal dilemma of resale price maintenance in China.
Keywords/Search Tags:Resale Price Maintenance, Perse Rule, Rule of Reason, Antitrust Law
PDF Full Text Request
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