Research On Legal Regulation Of Vertical Monopoly Agreement In China

How to more effectively and reasonably allocate limited means of production in order to maximize social benefits is an economic proposition that each country must address.While completing this important task cannot be separated from the market,the vitality of the market depends more on competition: Orderly competition can maximize the positive role of the market,Promote the optimal allocation and rational use of resources,promote technological innovation to improve economic efficiency,promote the steady development of the economy,and increase the total value of social wealth.In the modern market economy,the acts of sabotaging competition continue to be prohibited.The most typical one is monopoly.In particular,many market players represented by companies are increasingly inclined to circumvent market risks by reaching vertical monopoly agreements,strive for greater profits,However,due to the late start of the study of vertical monopoly law regulation in China,inadequate institutional settings and lack of adequate experience in law enforcement practices,etc.As a result,vertical monopoly agreements have had a greater impact on China’s market competition than horizontal ones.Not only has the economic efficiency been reduced,a series of problems have emerged,and market risks have become greater.In order to better study the topic of legal regulation of vertical monopoly agreements in China,the content of this article is developed from the perspective of economic law.The system is divided into five parts:The first part is an overview of vertical monopoly agreements.Mainly from the concept and characteristics of the vertical monopoly agreement,the basic classification of vertical monopoly agreements,and from the positive and negative aspects specifically elaborated the impact of the vertical monopoly agreement,At the same time it focuses on two principles currently regulate vertical monopoly agreement-the rule of reason and per se rule,to grasp the legal regulation of vertical monopoly agreement from the macro level;The second part is the current situation of the legal regulation of vertical monopoly agreements in China.It mainly combines the cases where China’s vertical monopoly agreements restrict and eliminate competition,and analyzes the status quo of regulations from the perspective of legislation and practice,and makes corresponding assessments.The third part is the analysis and reference of the legal regulation of the vertical monopoly agreement in the United States and the European Union.Through the analysis of the legal regulation system design and legal practice of the vertical monopoly agreement in the United States and Europe,the author summarizes the experience and implications of the legal regulation of the vertical monopoly agreement in China.The fourth part elaborates on the specific issues existing in the legal regulation framework of the current vertical monopoly agreement from the perspective of legislative provisions and anti-monopoly practices.The fifth part is based on the specific issues described in the fourth part,combining China’s national conditions,drawing on foreign advanced experience,and focusing on putting forward proposals for improving the legal regulation of vertical monopoly agreements in China.