Research On The Anti-monopoly Regulation Of Internet Resale Price Maintenance

The characteristics of low threshold,low cost and so on of the Internet economy have attracted more and more manufacturers to explore the online sales market,and even online sales has become the main channel for some enterprises to make profits.Along with the development of the Internet economy are new technologies such as "big data" and "algorithms".The emergence of new technologies makes enterprises more able to carry out business activities in the Internet field.However,the problem also follows.In order to achieve monopoly profits,some producers or platform operators use technical means to implement resale price maintenance behavior with dealers or platform operators,which seriously affects the market competition order.Through the cross-network effect of digital economy,the maintenance of Internet resale price is more obvious in hindering market competition.In the anti-monopoly practice at home and outside the region,the number of cases related to the maintenance of the Internet resale price is increasing.The Internet resale price maintains the algorithm as its main technical support,which also increases the possibility of the algorithm collusion to trigger the horizontal price cartels.The concealment and technology of the behavior increase the difficulty of anti-monopoly law enforcement in the Internet field in China.However,due to the long-term gap between the law enforcement and the application of regulatory principles,and the follow-monopoly system cannot timely follow up,the maintenance of Internet resale price in China faces the embarrassing situation of poor regulation.Therefore,in order to effectively deal with the challenges brought by the Internet resale price maintenance,it is necessary to re-examine the regulatory system of the Internet resale price maintenance in China on the basis of China’s anti-monopoly practice.Based on this,it is suggested that China’s Internet resale price maintenance should adopt the indisputable illegal principle to regulation,and optimize the anti-monopoly law enforcement and judicial system,in order to effectively regulate the Internet resale price maintenance behavior.The text is mainly divided into the following four parts.The first part is the basic theory of maintaining the regulation of the Internet resale price.The first is to define the concept of Internet resale price maintenance,and to analyze the difference between it and the traditional resale price maintenance behavior on this basis.Secondly,it discusses the positive and negative effects of Internet resale price maintenance behavior on market competition,and explores the internal mechanism that Internet resale price maintenance behavior may cause horizontal price cartel by building a model.Finally,the necessity of anti-monopoly regulation on Internet resale price maintenance in law and economics is further clarified according to the prevailing relevant theories.The second part is the dilemma of maintaining anti-monopoly regulation.First,based on the current law enforcement and relevant cases published by judicial organs,it analyzes the basic situation of Internet resale price maintenance regulation in China,and then discusses the theoretical disputes and application differences of China’s anti-monopoly regulation principles in practice,and analyzes the causes of the above problems.The third part introduces the specific experience and deficiency of the regulation of Internet resale price maintenance.The first is to sort out the development of anti-monopoly policies in the US and the EU and analyze the reasons for the application of anti-monopoly principles.On this basis,it is more appropriate to put forward the application of China’s anti-monopoly policy.Secondly,through the analysis of the specific anti-monopoly system in Europe and the United States,the improvement path of the specific anti-monopoly system in China is discussed.The fourth part is to optimize the path of maintaining the anti-monopoly regulation of the Chinese Internet resale price by combining theory and practice.After recognizing the causes of China’s anti-monopoly law enforcement and judicial difficulties,some suggestions are put forward in combination with extradomain experience.On the one hand,in the choice of regulatory principles,it should be clear that China should adopt the illegal principle of defense itself,and refine the corresponding defense list on this basis.On the other hand,the anti-monopoly system of China’s anti-monopoly law enforcement and judicial system should be optimized.Including clear fine standards,expanding the technical elements in anti-monopoly law enforcement,and so on.