Research On The Resale Price Agreement

The vertical monopoly and the horizontal monopoly are the subjects of Anti-trust law.Resale price contract,which is the performance of the vertical monopoly,is an important kind of the vertical monopoly.Resale price maintenance means that the contract between producer and seller or producer and wholesaler,which is about restricting the resale price of goods or services.There are many types of this kind of contract,including highest resale price maintenance contract,lowest resale price maintenance contract and fixing resale price maintenance contract and suggested resale price maintenance contract.Different contracts have different appearances,which are usually different from the influence on the market competition and efficiency.So,there are lot of academic view of these and different rules on these,including "the rule of Per Se illegal","the rule of reason".The former one means that only if the existence of the resale price maintenance contract has been proved,this contract will be ruled as illegal.But the later means that it still need to consider many factors and analysis for check whether the contract is illegal or not.Through the methods of comparing analysis and historical analysis,after researching on the legal and the experiences enforcement of the law of EU and the U.S.A,the conclusion is that there is no united rule for all resale price maintenance contract,even though it was from the experiences of the developed countries.China as the newer country,which made the Anti-trust law for a few years.On the one hand,China has stayed in the former place of the rapidly developing countries over the world and the second rank of gross GDP over the world,the using of Anti-trust law must be very important.However,causing for lacking both the experiences of legislation and enforcement of the law,the using of the Anti-trust law facing a big challenge.The cases which happened recently have proved this problem.The conflict enforcing way between court and government,which made the unfair ruling and impacted on the market efficiency.Because of the frequency changing and complicated of the market and the professional level of the case,there needs an efficient and precise formulation for the enforcement.This thesis trying to set up a suitable pattern for both legislation and legal enforcement,from the designation of clause,analysis formulation to enhance the cooperation among enforcing department.I hope this thesis will give a plan about the resale price maintenance contract for the departments and also hope this can help improving the market efficiency and competition.