The Research On The Vertical Restrain Competition Agreement In The Automobile 4S Model

The automobile 4S model is comprehensive and there are many vertical restrain competition agreements among it.When the car sale market is flourishing,the auto manufacturers and auto dealers can get high returns,so they ignore the negative effects of the vertical restrain competition agreements which are not obvious.However,today the growth of the car sale is slowing and the contradictions between manufacturers and dealers are becoming more and more severe.The vertical agreement has show its effect of restraining competition,so using the law to regulate these vertical restrain competition agreements which are among the automobile 4S model is particularly important.However,the Automobile Brand Sales Management Implementation Measure is industrial policy.It confirmed the car brand monopoly model and given automobile manufacturers too much power which exacerbates the imbalance between the market subject.The regulations of the Anti-monopoly Law are too general so that the legal regulation cannot manage them well.This article uses the successful experience of EU and US for reference,and combined with the Chinese national conditions.They show us the direction about how to complete the legal regulation of the vertical restrain competition agreement among the automobile 4S model.That is attaching importance to the competition policy and make sure it play the leading role.At the same time,the relevant anti-monopoly guidelines should be published as soon as possible.In addition to strengthen the administrative law enforcement,we should also pay more attention on justice.This article provided some advice to improve the anti-monopoly private litigation system and case guidance system.It provided some advice to regulate the restrict competition behavior in Chinese auto market from the aspects of legislation and implementation.