Research On The Exemption System Of Vertical Monopoly Agreement In China's Auto Industry

In the longitudinal part of the monopoly agreement auto industry sales market or service market exemption, which is to regulate the way the automotive industry which is a way to regulate the vertical agreements behavior of automotive industry and a way to achieve effective competition in the automotive market. By examining the EU, in the automotive industry vertical monopoly agreements exempt US experience. We came to the conclusion that they pay more attention to the effectiveness assessment of how vertical monopoly agreement restrict competition actually. At the same time, the excellent legislative model,and the normative exemption process provide a sound guarantee for the application of exemption on the automotive industry. Looking back the legislation and judicial practice of china's vertical monopoly agreements exemption in the automotive industry,it's not hard to find that there are bugs in the process of legislation and judicial practice.Specifically what should do firstly is to determine the longitudinal element monopoly agreement, and thus establish vertical monopoly agreements restrict competition assessment criteria, which is a prerequisite for exemption longitudinal monopoly agreement. Secondly, the status of sales and after-sales trends in the Chinese automotive industry and antitrust enforcement point of view, China should unswervingly adhere to the EU's legislative experience, summing up the way for the automotive industry, including vertical monopoly agreements divided collation settings backup case manner prescribed behavior can not be exempted, the space reserved exhaustive.Finally,with using the model of combining beforehand application and after wards investigation to make sure the procedure of vertical monopoly agreements,meanwhile supplemented with the high-quality law enforcement officers and long-term supervision mechanism to escort the enforcement of the anti-monopoly law exemption and ultimately related to automobile industries combined market fair and effective competition.