Anti-monopoly Regulation Of Vertical Monopoly Agreement

With the prosperous development of the market economy,various market entities in different production and management links and at different levels of the market economy have adopted increasingly diversified competition methods in order to obtain advantageous positions.Vertical monopoly agreements have emerged in this environment.Different from horizontal monopoly agreements,which are more harmful,vertical monopoly agreements have both positive and negative effects.Because of their complex effects,they have received extensive attention from the theoretical and practical circles of anti-monopoly law.Our country’s "Anti-Monopoly Law" regulates vertical monopoly agreements in Article14,and also provides exemptions in Article 15.However,due to the late promulgation of this law in my country,and basically imitating the European and American thick-line legislative model,the lack of theory transplantation has made my country’s legislative system not proficient,and has begun to affect the law enforcement work of anti-monopoly law enforcement agencies.In this article,the author first analyzes the causes and effects of vertical monopoly agreements,and illustrates the current conflicts in the implementation of my country’s laws by citing typical administrative enforcement cases and judicial trials of vertical monopoly agreements since the implementation of my country’s anti-monopoly law in 2008.The status quo,summarized the difficulties faced by my country’s vertical monopoly agreements: such as administrative law enforcement agencies and judicial agencies in the understanding of the relevant rules lead to differences in the application,the burden of proof is unreasonably distributed,the general clauses are not clear,and the exemption system has a coping mechanism and inconsistent issues.In response to the problems encountered in the judicial practice of China’s vertical monopoly agreements,the comparative analysis method is used,and on the basis of drawing on relevant foreign theories and experiences,relevant suggestions suitable for China’s legal practice are put forward: Firstly,respect the legislation of the Anti-Monopoly Law Under the premise of the objective,make the elimination and restriction of competition as the constituent elements of illegal identification and establish a typed analysis model;secondly,rationally allocate the burden of proof and introduce an inversion system of burden of proof;thirdly,through the legislative revision of the Anti-Monopoly Law when the work starts,suggestions are made for the improvement of relevant legal provisions.First,adjust the position of the definition clause of the monopoly agreement from the perspective of system arrangement,then expand the scope of application of the main body of the cover clause and modify the wording of the exempt clause.