Research On The Antitrust Law Regulation Of Vertical Territory Restricrion Agreement

Vertical territory restriction agreement is a typical vertical-monopoly agreement.Because it has a certain degree of economic rationality,the necessity of its anti-monopoly regulation has always been controversial.It cannot be denied that the vertical territory restriction agreement has certain negative competition effects such as weakening intra-brand competition and affecting the efficiency of free circulation of goods.In practice,it usually combines with other vertical-monopoly behaviors,exacerbates the effects of monopolization.Therefore,antitrust laws and regulations should regulate vertical territory restriction agreement,in order to maintain market competition,protect consumer rights,and guide the direction of compliance for operators.As for the specific method of regulation,we can properly learn the legislation and enforcement experience from EU and US competition law,and be more based on our national actual situation,improve Anti-Monopoly Law in the legislative aspects,and formulate Vertical Restrains Guidelines.Introduce “rule of reason” to evaluate vertical territory restriction agreements,first use market share standards to conduct a filtration,and then utilize five key factors to evaluate the legality of the agreements that do not meet the exemption standards.In the implementing aspects,accelerate the implementation of the reform program of anti-monopoly law enforcement agencies,establish a reasonable and specialized law enforcement agency.Then,strengthen the application of judicial trials to vertical territory restriction agreements.