Research On The Illegality Of Resale Price Maintenance

With the continuous improvement of China’s anti-monopoly legal system and the accumulation of experience,resale price maintenance has received more and more attention.Resale price maintenance,also known as vertical price monopoly,is essentially a monopoly behavior,so it must be regulated.Theoretically,resale price maintenance will hinder competition,but it will also play a positive role in preventing free riding and promoting efficiency,which is also the reason why resale price maintenance is controversial.In the process of regulating resale price maintenance,how to identify the illegality of resale price maintenance is very important.At present,there are some problems in theory and practice about the illegality of resale price maintenance in China.In theory,there are great differences among the principles,which can not provide effective guidance for practice;in practice,the anti-monopoly law enforcement agencies mostly adopt their own illegal principles,while the judicial organs generally adopt the reasonable principles.Different principles lead to the phenomenon of "same case,different judgments",which damages the authority of the law and is not conducive to the economic activities of the operators.The reason why the above problems appear in the process of determining the illegality of resale price maintenance is related to the imperfection of the relevant provisions of China’s "anti monopoly law" and the lack of a clear explanation of the effect of "excluding and restricting competition".In view of this,this paper adopts literature analysis,case analysis,comparative analysis and other research methods,takes the problems existing in the process of determining the illegality of resale price maintenance as the starting point,analyzes the basic theory of resale price maintenance,analyzes the problems existing in the process of legislation,law enforcement and justice,and draws on the experience of the United States and the European Union,combined with China’s experience In view of the current situation of market development,this paper puts forward some suggestions to amend the relevant provisions of the anti monopoly law,demonstrates the principle of presumption of illegality that should be applied uniformly,and puts forward the identification path in line with the current situation of China’s economic and social development.The specific content is divided into the following five chapters:The first chapter is the introduction.This chapter mainly discusses the background,purpose,significance,research methods and innovation of the research on the illegality of resale price maintenance.At the same time,it combs the related research on the illegality of resale price maintenance at home and abroad,so as to lay the foundation for the follow-up writing.The second chapter is the basic theoretical analysis of the illegality of resale price maintenance.This chapter mainly defines and analyzes the types of resale price maintenance,studies the necessity and economic theory of the illegality of resale price maintenance,and provides theoretical support for the following questions and solutions.The third chapter is the current situation and existing problems of illegal identification of resale price maintenance in China.This chapter discusses the legislation,law enforcement and judicial status of the illegal identification of resale price maintenance in China,lists the problems existing in the identification process,and analyzes the causes of the problems in view of the identification status,so as to find out the deep causes of the problems existing in the illegal identification of resale price maintenance and provide ideas for countermeasures.The fourth chapter is the foreign experience and Enlightenment on the illegality of resale price maintenance.This chapter studies the regulatory principles of resale price maintenance in American statute law and case law,and analyzes the relevant legal rules and identification ideas of EU,so as to explore the identification path of the illegality of resale price maintenance in China on the basis of fully understanding China’s national conditions and referring to relevant foreign experience.The fifth chapter is the perfect countermeasures to maintain the illegal identification of resale price.This chapter mainly solves the problems existing in the process of maintaining illegal identification of resale price in China.Through the amendment of the anti-monopoly law,the author puts forward suggestions,establishes the unified principle of identification,reasonably distributes the burden of proof and coordinates the relationship between the antimonopoly law enforcement agencies and the judicial organs,and provides solutions for the problems in the process of identification.