Study On The Legal Regulation Of Longitudinal Monopoly Agreement In China's Automobile Industry

Longitudinal monopoly agreement as a monopoly agreement,has always been one of the contents of the national anti-monopoly law regulation.China in 2008 formally promulgated the "Anti-monopoly Law of the People's Republic of China" also specifically made the corresponding provisions.Contrary to a strictly restricted monopoly agreement,because of the positive role of vertical monopoly agreements in economic development,it is often overlooked.Once the vertical monopoly has the effect of restricting competition,its harm is extremely serious.This is particularly evident in China's auto industry since 2014,where some car companies have been fined.Longitudinal monopoly agreement in the "anti-monopoly law" before the implementation of no specific laws and regulations to restrict it.In addition,the automotive industry has already formed an inherent operating criteria,and the application of industry norms also increased the vertical monopoly agreement at different levels.All of which have brought challenges to China's antitrust implementation.China's anti-monopoly law enforcement departments in the strong norms and regulate the monopoly of the automotive industry at the same time,the existing anti-monopoly legal system is gradually improving.March 2016 China Development and Reform Commission issued the "Anti-monopoly Committee of the State Council on the automotive industry antitrust guide",it has focused on the vertical monopoly agreement of the automotive industry.This paper analyzes the vertical monopoly agreement between the automobile industry sales market and the aftermarket,and analyzes the reasons behind it.Although the "car management sales" will be implemented on July 1,2017,but the vertical reason for the automobile industry is still the implementation of the 2005 "vehicle management sales of the relevant provisions”,it directly led to China's auto industry suppliers and distributors of the unequal status,so the breeding of vertical monopoly is not negligible.As well as the "anti-monopoly law" Article 14 of the provisions of the vertical monopoly agreement is too principled,to the anti-monopoly law enforcement work brought a lot of uncertainty.Therefore,the "Guide" on the vertical provisions of the automotive industry monopoly agreement can make up for the relevant deficiencies.This article analyzes the Prohibition and Exemption of the Longitudinal Monopoly Agreement on the Automobile Industry by analyzing the Guide.The Guide explicitly prohibits restrictions on the fixed resale price and the limited minimum resale price,and sets out the agreed non-price monopoly agreements that should be expressly prohibited.It provides for the exemption of cases and the application of presumptive exemptions,which makes the application of the "anti-monopoly law" has been further increased.Although the "Guide" is well defined in the vertical monopoly agreement for the automotive industry,we should also realize that it is not a panacea.In view of the contents of the draft,the existence of the relevant concepts are not clear,dealers have obvious tendencies and other issues,so it is necessary to improve it.This paper analyzes the EU and the United States on the automobile market vertical monopoly agreement requirements,with a view to provide a reference for China's situation.In view of the vertical industry monopoly agreement "Guide" combined with the automotive industry distribution market and the characteristics of the aftermarket,improve the exemption system;Clearly define the relevant concepts that confuse antitrust enforcement,and clarify the guidelines;Remove the content with obvious tendencies,balance the relationship between the supplier and the dealer;Finally,through the improvement of China's anti-monopoly legal system,optimize the legal environment of anti-monopoly law enforcement,improve anti-monopoly law enforcement,so that "guidance" really play a role in the anti-monopoly law enforcement.