Research On Anti-monopoly Regulation System Of Vertical Monopoly

In the legal norms of the anti-monopoly law,the legal regulation of monopoly agreements has always been an important issue in theory and practice.Monopoly agreements generally have two types,they are horizontal and vertical monopoly.In comparison,a vertical monopoly agreement is equivalent to a chain.The exclusion and restriction of competition reached by different operators without direct competition relationship can also be expressed as unified pricing between operators and relative traders in different production or management links,restrictions on sales areas,and Agreements or synergistic actions of sales and other conditional transactions,these actions have caused the spread of unfair competition in the market and seriously affected the market economic order.Comparatively speaking,a vertical monopoly agreement is equivalent to the exclusion and restriction of competition between different operators on a chain without direct competition.It can also be expressed as the relationship between operators and relative traders in different production or management links.Uniform pricing reached,restrictions on sales areas,tie-ups and other conditional transactions agreements or synergistic actions have caused the spread of unfair competition in the market and severely affected the market economic order.The emergence of a vertical monopoly agreement is a product of market economic activities.When it was first created,it promoted the development of the market economy.We must recognize its positive role.However,its negative effects cannot be ignored,for example: using vertical agreements to block the market and inhibiting the manifestation of the operator’s dominant position in the market;using vertical agreements to curb internal brand competition among sellers,and forming competitive obstacles.Examining the regulation of vertical agreements by antitrust laws in various countries in the world,it basically establishes its own principles of illegality and reasonableness.The way to regulate them is a general prohibition and a typical listing.Chinese "Anti-Monopoly Law" adopts a model of typical enumeration with pocket clauses.Vertical monopoly agreements have many relevant laws in the Anti-Monopoly Law,and they all regulate the behavior of producers,operators and enterprises to a certain extent.However,there are still many areas in the Anti-Monopoly Law to improve the regulation of vertical monopoly agreements.This requires us to understand and learn from the experience of other countries.In short,Chinese "Anti-Monopoly Law" has certain problems in the legal regulation of vertical monopoly agreements,whether in terms of principles,methods,etc.,or in the actual aspects of specific provisions.Investigation of the status quo of monopoly laws and regulations,the use of comparative analysis methods,sorting out some problems for research,and proposing solutions and measures to solve the problems,which also constitute the main frame of this article.The full text includes five parts.The first is to elaborate on the general issues of vertical monopoly agreements,and to clarify their concepts,functions,expressions and constituent elements;The second is to sort out and analyze the status quo of Chinese vertical monopoly agreement regulation,focusing on the current status of Chinese vertical monopoly agreement legislation and Chinese anti-monopoly law’s deficiencies in vertical monopoly agreement legislation;The third is to compare the specific regulations of vertical monopoly agreements between China and the world’s typical market economy countries through a synchronic investigation.Therefore,it proposes the academic resources or practical reference and enlightenment for the further improvement of the anti-monopoly legal system in the Chinese vertical monopoly agreement;The fourth,I based on Chinese national conditions and current situation,then put forward suggestions to improve the anti-monopoly legal system of Chinese vertical monopoly agreement.Finally,summarized the full text.I believe that the vertical monopoly agreement has its positive and negative effects in the operation and development of the market economy.We should give full play to the advantages of the vertical monopoly agreement and eliminate its adverse effects or defects them as much as possible.Regulation will help our market economy environment be healthier and more orderly.