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An Analysis Of The Application Of Leniency Policy In China's Antimonopoly Law Vertical Price Monopoly Agreement

Posted on:2019-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y HuangFull Text:PDF
GTID:2416330590989567Subject:legal
Abstract/Summary:PDF Full Text Request
As a relatively special system of anti-monopoly law,Leniency Policy is an important measure for effective differentiation and disintegration of monopolistic alliances.As far as its scope of application is concerned,there is no doubt that the horizontal cartel applies the Leniency Policy.China also applies the Leniency Policy in maintaining vertical price monopoly agreements such as resale price maintenance.The vertical price monopoly agreement restricts the competition effect more than the promotion of competition effect under certain conditions,so it is harmful.The value pursuit of the Leniency Policy is to quickly break the monopoly organization,protect social welfare and consumer rights and endanger the vertical price monopoly agreement.Comprehensive analysis of sexual and covert characteristics and Leniency Policy,and at the same time based on domestic legislation and law enforcement practices at the current stage,it shows that the application of Leniency Policy in China's antimonopoly law vertical price monopoly agreement case is reasonable.The first part of the paper mainly analyzes the application of the Leniency Policy in the anti-monopoly law enforcement process and it turns out that the applicable object of China's Leniency Policy includes not only the horizontal monopoly agreement cases but also the vertical price monopoly agreement cases,and then shows different opinions about if the vertical price monopoly agreements apply for Leniency Policy or not.The second part is based on analyzing the applicable behavior objects of the Leniency Policy in most countries and regions in the world,the regulation based on the analysis of vertical price monopoly agreements,and the pursuit of value based on the establishment of Leniency Policy.The agreement case is in accordance with the applicable Leniency Policy.The third part mainly demonstrates the rationality of applying the vertical price monopoly agreement case in China's anti-monopoly law Leniency Policy at present stage through theoretical support and practical needs.Theoretical support mainly from the perspective of China's current legislative status analysis and the application of its own illegal rules from the two perspectives,the practical needs of the current implementation of the law is mainly from the current practice and promote and improve the private implementation of the two perspectives derived.
Keywords/Search Tags:leniency policy, resale price maintenance, rationality
PDF Full Text Request
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