A Research On The Exemption Of Resale Price Maintenance

The determination of resale price maintenance has not yet been developed a unified analytical ideas and methods,which also affects the cognition and application of the resale price maintenance exemption.During the huge theoretical controversy,scholars often put the promotion of competition effect and even the net anti-competitive effect into the exemption framework,which causes the confusion about the resale price maintenance exemption and the confusion about the relationship between determination and exemption of resale price maintenance.In this case,these disputes and confusion have created obstacles to the application of exemptions for resale price maintenance in practice.Therefore,it is necessary to clarify that the determination and exemption of resale price maintenance are separate and independent,and to limit the promotion of competition effectiveness to the determination stage.Secondly,it is more necessary to clarify that the social public interest needs to be taken into consideration in the exemption of resale price maintenance.In the existing exemption framework,we can try to reach the resale price maintenance exemption through social public interest.In addition to the introduction and conclusion,this article is divided into four parts.As the author believes that the insufficient application of the resale price maintenance exemption is related to the dispute over the determination rule of resale price maintenance,the first part of this paper first conducts a basic study on the determination rules for resale price maintenance,especially the controversial points involved.Meanwhile,it analyzes and forecasts the development trend of the dispute points.The second part sorts out the confusion between the resale price maintenance determination and the exemption,with the aim of clarifying the relationship between the two and making the exemption of resale price maintenance return to its due state.The third part and the fourth part are the main parts of this article,which are the specific development of the author's application of the exemption of resale price maintenance.Among them,the third part mainly explains that under the current framework of anti-monopoly law,the exemption of resale price maintenance can be realized through the path of social public interest.The fourth part summarizes the experience of successful application of the exemption of resale price maintenance in European Union,which is similar to the exemption structure of resale price maintenance in China,and tries to convert and learn from based on the national conditions.