The Research On The Appropriate Standard For Judgement And The Analytical Model Of Resale Price Maintainence's Illegality

Starting from the early of 2013,the antimonopoly regulator overseeing price conducted a number of investigations of vertical resale restraints among brand-name manufacturers and its dealers in the industries of high-end liquor,dried mile,glasses and automotive.However,the judgment methods of illegality of monopoly agreement,used by the antimonopoly regulator in above cases and the count in a same-period case,were different,and it caused quite many disputes of antimonopoly enforcement and the concerns on its relevant investigation method.In China's monopoly law issued in 2008,regulations related to monopoly agreement are too simple.A lot of issues related to the judgment of illegality of monopoly agreement is not mentioned or clearly defined.In addition,the transparency of anti-monopoly enforcement authority's investigation method and the way to ensure enterprises' defending right is not adequate.All of these are the obstacles to resolve the arguments.Exploring the appropriate standard for judgment and establishing related analytical model will be helpful to overcome these obstacles,resolve the disputes and mitigate the concerns on its relevant investigation method,it will also be helpful to the protection of fair market competition and the improvement of the economic efficiency through the enforcement of anti-monopoly law.This article first introduced the main disputes resulted from the enforcement of monopoly law on resale price maintenance and analyzed the main reasons caused those disputes.It also identified the main problems to be resolved is to clarify the appropriate standard for judgment of RPM and establishing related analytical model,as well as analyzed the necessity and feasibility to resolved the problems.Secondly,both competitive and procompetitive effect of RPM(including some empirical results)have been fully analyzed in this article in theory,and the article also has done a deep dive into the judicial logic and analytical method adopted by the counts in two important RPM cases in China and aboard.Therefore,the per se rule is concluded as the inappropriate standard for judgment of RPM's illegality in enforcing the antimonopoly law,the rationality of using the rule of reason as the standard to judge RPM's illegality is also being rethought profoundly,and the referenced framework and other key factors have been identified in order to build an analytical method of RPM's illegality.Finally,on the basis of above research conclusions,the rule of reason is concluded as the appropriate standard to judge RPM's illegality generally,and at the practical level,companies with different level of market power can be enforced differently according to the rule of reason,moreover,an analytical method(including the burden of proof)has been developed for reference to antimonopoly regulator.At the end of this article,it emphasizes that the RPM is a most debatable subject in terms of antimonopoly economic and law,antimonopoly regulator is encouraged to hold the position of striving for improvement in reflection of the change environment and respecting market power itself with awe.It is not only about the revision and development of law and relevant practical guideline,but also the change of mindset how to enforce the antimonopoly law properly.