Research Of Similar Cases Based On Haijiye Company V.SAIC

With the purpose of maintaining free competition in market economy,antitrust law plays an important role in ensuring the optimal allocation of resources,promoting economic development and social progress.Because of its serious damage to market competition,horizontal monopoly agreement has become the primary object of antitrust law regulation in various countries.Based on the Chinese judicial documents network and the pkulaw,some samples of effective judicial documents related to the theme of "horizontal monopoly agreement" are found,and empirical research is conducted.Through summarizing and sorting out,the focus of dispute in the case focuses on the determination of horizontal monopoly agreement,the selection of the principle of illegality determination and the application of exemption clauses.Chinese antitrust law adopts the legislative mode of "general prohibition,exceptional exemption",in which Article 13 specifies the types of horizontal monopoly agreements prohibited,but lacks specific determination standards.Combined with the practical experience of antitrust at home and abroad,the determination of horizontal monopoly agreement should be based on the basic definition of the articles of law,focusing on the subject elements,subjective elements,object elements and behavioral elements.Per se doctrine and rule of reason are the basic principles of determining the illegality of monopoly agreements.Some judges tend to apply rule of reason to the determination of illegality,but some judges hold the opinion that per se doctrine is more in line with the current antitrust practice.The horizontal monopoly agreement reached or implemented by the operators shall be exempted from the application of the antitrust law only when it meets the legal conditions of Article 15,especially when the operators prove that the agreement will not seriously restrict the competition in the relevant market and is beneficial to the consumers.In the case of Haijiye Company v.SAIC,the cooperative behaviors of fixed goods price and segmentation of sales market participated in by Haijiye Company seriously damage the order of market competition,and per se doctrine is applied to determine illegality,which conforms to the constitutive requirements of horizontal monopoly agreement and belongs to cooperative monopoly.In addition,Haijiye Company has not fully proved that the cooperative behavior meets the conditions of antitrust exemption and has no possibility of exemption.Based on the case analysis of the selected theme,we can getthe following inspirations: using the method of "observation of parallel behavior +investigation of auxiliary behavior" to identify the cooperative agreement;trying to build a single sequence analysis model of monopoly agreement;learning from foreign experience to improve the exemption system.