Study On Legal Regulation About Vertical Price Monopoly Agreement In China

Vertical price monopoly agreement as a kind of monopoly agreements,refers to the operator through the way of agreement in the upstream downstream when the other party to resell the goods to customers trading rules must comply with the limit price.Vertical price monopoly can sometimes produce positive effect,promote competition but when vertical price monopoly agreements limit competition,will damage the legitimate rights and interests of consumers in the end.Since 2013,our country milk production enterprises,auto enterprise,household appliances and other fields because of vertical price monopoly agreements and disciplined by the anti-monopoly enforcement authority,a series of fine caused this behavior to vertical price monopoly agreement.In the present stage of our country "antimonopoly law" the relevant provisions on the vertical price monopoly agreements,but the corresponding provision is too principle,on the cognizance of specific cases and sentence processing large differences exist,not for vertical price monopoly agreement shall have the effect of regulation.The purpose of this article is based on the analysis of vertical monopoly agreements on the basis of the concept of corresponding price,combined with related cases to find out the price of vertical monopoly agreements the defect of the current status and problems of legal regulation,by reference to the United States and the European Union legislation specific measures on the vertical price-fixing agreements and standards,the vertical price monopoly agreement in our country legal regulation clarity,feasibility of perfecting Suggestions.This paper consists of four parts:The first part,first of all,to define the concept of vertical price monopoly agreements,combined with the monopoly agreement to the analysis of the basic theory of longitudinal price monopoly agreements,constitutive requirements and the type,the negative impact to get to know the dangers of vertical price monopoly agreements,realize the necessity of legal regulation on it.The second part,through the analysis of the legislative analysis and combined with typical cases,from the applicable law and reason analysis,to explore the legal regulation of vertical price monopoly agreements present situation and the problems existing in the legislation and practice.The third part explore the United States and the European Union to vertical price monopoly agreement of legal regulation of the experience and enlightenment to our country.The European Union and the United States the research on vertical price monopoly agreement to start early.The eu adopted statutes,rules of vertical price monopoly agreement is prohibitive provisions and the concrete exemption conditions,also lifted the vertical price monopoly agreement of the specific conditions and implementation guidelines,in order to better guide the practice.Is case law in the United States,the cognizance of the vertical price monopoly agreement in the process of case development has experienced from the change of the itself illegal principle to a reasonable principle,establishes the reasonable principles by considering the relevant factors to analyze the vertical price monopoly agreements.In Europe and the measures for our country the legal regulating of the vertical price monopoly agreements have certain enlightenment function.The fourth part,on the basis of the former three parts,proposed to our country legal regulation system for vertical price monopoly agreements perfect suggestion,in order to establish standards and suitable exemption system,and perfect the liability form.