Legal Regulation Of Resale Price Maintenance

Resale price maintenance refers to the agreement concluded by the operators in different sectors of the same industry,and the two parties limit the price of the goods to the third person.Resale price maintenance is a typical type of vertical restriction of competitive behavior.Since the behavior limits the transaction price,it may give rise to the damage to market competition and results in the negative consequences of consumer interests.Therefore,many countries regulate the relevant resale price maintenance in the anti-monopoly law.However,some economic studies have shown that the resale price has its rational existence in promoting brand competition and preventing "free rider",in addition,there may be positive effects to boost market competition.Hence,in accordance with what rules and how to regulate the resale price maintenance behaviors have become the important issues to be solved in the anti-monopoly law.The United States and European Union countries are the leading countries of the anti-monopoly law,whose rules and methods of regulating the resale price maintenance are worth learning and using for reference.The United States has adopted the per se rule and the rule of reason for resale price maintenance,whose behavior has been conducted in conformity to the per se rule for a considerable period of time since the Dr.Miles case in 1911.Later,with the development of economic theory,the court began to examine the conduct with the rule of reason.A general prohibition and extensive exemption has used by European Union on the basis of learning from the United States and concerning its own actual situation.Although the specific legal provisions of the resale price maintenance are various,there is basically a consensus.Anti-monopoly Law in China has regulated the resale price maintenance behavior.While the provisions are too simple and general,it causes a number of law enforcement and judicial difficulties.Therefore,on the basis of studying the comparison of foreign legislation and judicial practice and combined with problems arisen in China's existing law and juridical practice,the author puts forward somesuggestions on the legal provisions of resale price maintenance in China,expecting that it could be helpful for the legal provisions of resale price maintenance in China both in theory and practice.