On The Legal Regulation Of Vertical Non-price Monopoly Agreements

Based on the three cases of Shanghai Rijin Company v.Matsushita Company horizontal monopoly,meituan takeout forced food and beverage consumer choice,and JD.com reporting tmall monopoly market cases,Based on the feature of the three cases,this essay talk the question existing in the mange of vertical non-price monopoly agreements by the ?anti-monopoly law of the People's Republic of China?,that is,whether the bottom-covering clause in Article 14 of Chinese ?anti-monopoly law?can manage vertical non-price protocol or not,and whether the courts have enjoying rights to determine monopoly contract,as well apply to Chinese?Anti-monopoly Law? article17 face with the problem.The vertical non-price agreements implemented by upstream producers are not all monopoly agreements,and may also be for other legitimate purposes.From the operator's point of view,vertical non-price behavior can save operating costs,improve service quality,downstream related marketers can better expand the market,consumers will benefit.Of course,the negative impact of vertical non-price agreements is also very serious.First,the competition of downstream sellers is restrained;second,it will indirectly affect prices.The upstream distributors implement other vertical restrictions such as customer restrictions,geographical restrictions,etc.,so that the downstream dealers do not dare to adjust prices,in fact,the right to control the pricing.Therefore,the price agreement should analyze its positive and negative effects,and then decide whether to regulate it or not.Coalesced the relevant rule of the ?Anti-monopoly Law?and the Shanghai Rijin Company case,meituan takeaway forced food and beverage consumer choice case,the case of Tmall reported in JD.com monopoly market analysis of three cases,do not think the application of Article 14 of the?anti-monopoly law? to vertical non-price monopoly contract,at present law,the court does not have the power to confirm the monopoly agreement,and proposes to construct a framework to regulate the vertical non-price monopoly contract build the two-level equilibrium model,and to apply the Reverse onus system.Pass the study of vertical non-price monopoly contract system in foreign areas,the paper summarizes the direction suitable for the future change of the anti-monopoly law,and bring typical vertical non-price monopoly agreement behavior in the Article 14 of the?anti-monopoly Law?,so as to better deal with the vertical non-price monopoly behavior,the ? anti-monopoly law ? should keep the bottom-keeping provisions and perfect the corresponding provisions,build the regulatory framework and the Reverse onus system.