The Regulation On Resale Price Maintenance In Competition Law Of European Union And Enlightenments To China

Competition is the guarantee of the development and vitality of the market.Competition brings impetus to innovation and reform of market operators.Market participants who cannot adapt to market competition will eventually be eliminated from the market.So out of consideration for the protection of its own interests and market status.Some operators will carry out different forms of behavior that impede competition in the market.Resale price maintenance is a typical representative of vertical restrictive.Resale price maintenance is widespread in the global market.Many major jurisdictions analysis and legislative regulation on resale price maintenance.Compared with other restrictive competition behavior,the impact on the market of Resale price maintenance is more compel.Therefore,the regulation thought of the resale price maintenance behavior of the major developed economies,such as Europe and the United States,has also been changed a few times.The European free market has a long history,Competition law system is complete.established a strong predictability standard on resale price maintenance.The analysis model is clarity,improved the efficiency of litigation,reducing arbitrariness in judicial trial and administrative law enforcement.It is of great significance for reference from European Union for China.In recent years,the number of judicial precedents and administrative law enforcement cases on the maintenance of resale prices has become more frequent in China.But because of China's competition law provisions for resale price maintenance is too simple,and no relevant implementation rules or guidelines have been issued,A considerable degree of inconveniences and inconsistencies in the operation of the courts or antitrust administrative organs,and Improve the business risk of market participants.Therefore,Improving the regulation system of the resale price maintenance in China's competition law,make a clear and unified approach to the analysis will be positive significance for the stable development of the whole market.We should learn from the advanced experience of the European Union on the regulation system of the resale price maintenance.The legal system should be regulated,the analysis methods should be unified.The unlawful presumption rules of plea should be established.and the system of responsibility should be perfected.