On The Minimum Resale Price Maintenance Of Antimonopoly Law Regulation

Minimum resale price maintenance(MRPM)as a part of vertical monopoly agreements,now appear in large numbers in our country's market economy in.The influence of the behavior of market competition and its legal regulation has long been a heated debate between economics and law.This article mainly aims at the current problems of MRPM of antimonopoly law regulation in our country,to suggest the author's opinion to the regulate the behavior.This article is divided into four chapters,with the legal regulating of the MRPM as the main line,introduce its basic concepts firstly and then analysis its legal regulation in our country's present situation and the insufficiency.After that it is the MRPM of international antitrust regulation.And in the final part is the suggestions of perfecting MRPM of our country's anti-monopoly regulation.The first chapter is the overview about MRPM of anti-monopoly law regulation.In this chapter firstly explains the concept of MRPM and its subject,object and features.Secondly,emphatically discusses dual nature of economic impact of MRPM.Finally is the theoretical analysis of the behavior regulation,including the meaning,theoretical significance and practical value.The second chapter is about MRPM of our country's status quo and problems of anti-monopoly law regulation.This chapter firstly elaborated MRPM's process of our country ‘ s antimonopoly regulation legislation and the mode of antimonopoly regulations.Secondly elaborated MRPM's practical application in our country,combining with specific cases to differentiate the " Per Se Rule " and the “Rule of Reason”.Finally analysis the problems that arise in our country present stage of MRPM of antimonopoly law regulation.The third chapter analysis the international experience of MRPM of antitrust regulation.This chapter respectively listed the antitrust regulation of the United States,the European Union and Japan.And expounded how the international experience enlighten the legal regulation in our country.The fourth chapter is the suggestion of perfecting MRPM of our country's anti-monopoly law regulation.This chapter is the focus of the article,the author firstly proposed that the use of principles should turn into “Rule of Reason”,and put forward the specific applicable method detailedly.Secondly is to further improve the existing laws and regulations of our country,including improve the implementation of the "anti-monopoly law" provisions,improve MRPM's subject of law enforcement and regulating way,improve MRPM's legal liability system and further perfect antimonopoly private civil procedure.