Legal Application And Legislative Perfection Of Anti-monopoly Regulations On China’s Limited Trading Behavior

With the increasing competition in the market,the restricted trading behavior is often regarded as a necessary business strategy by market operators,and therefore more and more common in all walks of life.Under the regulatory framework of China’s current antitrust law,restrictive trading activities can be covered by vertical monopoly agreements and the abuse of market dominance.The antitrust regulation basis is reflected in the "understanding clause" and vertical monopoly agreement in Article 14 and Article 17 Abuse of market dominance,that is,antimonopoly regulations restricting trading activities,there are two regulatory paths.One is the vertical monopoly agreement system,and the other is the abuse of market dominance.However,in practice,the "bottom clause" in the vertical monopoly agreement has not been applied to antimonopoly regulation of restricted transactions,which has led to the implementation of vertical monopoly agreements in the form of vertical competition agreements that have restricted competition that has been in the blind zone of anti-monopoly regulations;The application of only the abuse clause also inevitably leads to the problem of missing regulations due to the limited scope of regulation.This article raises the controversy about the legal basis for the application of the restricted trading behavior in practical cases and try to explore the dilemma of applying different anti-monopoly law provisions on anti-monopoly regulation of restricted trading behaviors,and try to solve the dilemma of anti-monopoly law enforcement and judicial practice through continuous legislative improvement.Specifically,this article first analyzes the legislative status quo of China’s anti-monopoly regulations on restricted trading behaviors,and points out that whether there is a "bottom clause" in Article 14 of the current "Anti-Monopoly Law" or Article 17 abuse clauses,there are legislative flaws and the current supporting administrative regulations and enforcement guidelines have not made detailed provisions on restricted trading behaviors,and the imperfect legislation also caused a series of dilemmas in practice when applying different provisions to anti-monopoly regulations on restricted trading behaviors.Secondly,it examines the experience of the United States and the European Union on the legislation and application of antitrust regulations on restrictive trading activities,and discusses the useful lessons that can be given to our country.Finally,the author believes that the two paths restricting the anti-monopoly regulation of trading behavior have obvious differences in terms of applicable conditions,so they are a complementary relationship in the application of laws.Only by improving it at the legislative level at the same time can we effectively regulate and restrict the transaction at the antitrust level.Therefore,this article draws on the experience of extraterritorial legislation and application of laws and refers to the "Revised Draft Opinion Draft" issued in January 2020,specifically proposing that it should pass the exemption of Article 14 " bottom clause " and Article 15 of the current Anti-Monopoly Law The provisions and the provisions of Article 17 are legislatively improved,and the relevant regulations and guidelines are detailed,and a "safe harbor" system is introduced to enhance the applicability of the "bottom clause" and to avoid regulatory omissions,and then resolves the dilemma of the application of laws that restrict the antitrust regulation of trading behaviors.