The Conflict Of Legal Enforcement And Path Choice Of Vertical Price Monopoly Agreement

Vertical price monopoly agreement is one of the monopoly agreements regulated by China's anti-monopoly law.But vertical price monopoly agreement is different from horizontal monopoly agreement.Although vertical price monopoly agreement destroys competition in some aspects,with the development of market economy theory and the strengthening of the position of economic analysis method in anti-monopoly analysis,it is found that vertical price monopoly agreement also has the function of promoting competition in some aspects.In this case,there are different voices on the principles of regulation of vertical price monopoly agreements.First,we should adhere to the principle of presumption of illegality as the model of analysis and judgment.Secondly,we should apply the principle of reasonableness as the theoretical basis for the analysis of referee model.What kind of analysis and adjudication model can be applied to it has also caused conflicts in China's judicial practice.This paper focuses on the conflict of vertical price monopoly agreement in the process of law enforcement in China,through the analysis of the conflict to find the cause,and then through extraterritorial reference to solve the conflict of vertical price monopoly agreement in China.In addition to the introduction and conclusion,the thesis consists of four parts.The first part illustrates the conflicts in the implementation of the law by citing typical administrative law enforcement cases and judicial cases of vertical price monopoly agreements since the implementation of the anti-monopoly law in 2008 in China.The second part sums up the reason of the conflict of the implementation of the vertical price monopoly agreement in our country through the theory and the reality.The theoretical reasons come from the principle of reason and the principle of presumption of illegality.The realistic reason originates from the ambiguity andincompleteness of the anti-monopoly law of our country.In the third part,the author analyzes the regulatory models of EU and US on vertical price monopoly agreements,and summarizes the experience that can be used for reference for our country's vertical price monopoly agreements.The fourth part explores the regulatory path of vertical price monopoly agreement,which is in line with the situation of our country,through drawing lessons from the experience of EU and US on vertical price monopoly agreement.On the basis of distinguishing horizontal and vertical monopoly agreements,it adopts the model of illegal presumption for horizontal monopoly agreements,and the model of reasonable principle for vertical price monopoly agreements,and introduces the safe harbor system as the first standard for judging the vertical price monopoly agreements,and analyzes the analytical framework of the reasonable principle for determining the safe harbor beyond the standard for setting the safe harbor.The establishment of the conflict path choice of vertical price monopoly agreement law is of great significance to regulate the market competition and perfect the market competition order in our country.