Resale Price Maintenance Anti-Monopoly Law Regulation Research

With the promotion of legal construction in the field of anti-monopoly in China,the establishment of competition policy with Chinese characteristics and anti-monopoly legal system,resale price maintenance behavior has gradually become the focus of the anti-monopoly law.This behavior is also known as vertical price monopoly,which is different from horizontal monopoly.Although it has a destructive effect on competition in some aspects,with the promotion of economic theory in anti-monopoly analysis,it is found that the behavior can also promote competition.It is the behavior itself that has a complex dual impact on competition.Empirical studies are limited in quantity and quality,and the basic principles behind the behavior are not thoroughly understood.As a result,resale price maintains differences in the determination standard of illegality,which is not conducive to providing effective guidance for practice and damaging the authority of law.Resale price maintenance is currently the main problems are the following: first,do not have a unified regulation pattern,on the choice of mode,the current theory mainly include: illegal but counterplea presumption principle and reasonable regulation model,the principle of the anti-monopoly enforcement authority and practice respectively and the courts tend to itself illegal principle and the reasonable principle of regulation mode;Second,in the legislation of the resale price maintenance provisions are insufficient and vague.First of all,the definition of "monopoly agreement" is not precise enough,its definition position is not smooth in logic,and the final determination criteria are not clear,and whether the elimination and restriction of competition is not clear.Secondly,the distribution of the burden of proof is not reasonable,the burden of proof is heavy on the plaintiff,will indulge the monopoly behavior of illegal operators.Finally,the exemption provisions are weak in operability,lack of market definition,business environment and other judgment factors,and it is difficult to apply in practice,and there is no general exemption provisions and provisions for sales efficiency.In view of the above problems,this paper adopts case analysis,economic analysis,comparative analysis and other research methods,combined with the basic theory of resale price maintenance,analyzes the regulatory approaches and advantages and disadvantages of vertical price monopoly in the United States and The European Union,draws lessons from relevant overseas experience,and puts forward the following suggestions based on the full understanding of China’s national conditions: First,apply the principle of presumption of defendable illegality as the analysis model to construct the supporting defense system;Second,the position of "monopoly agreement" should be adjusted,and the purpose and effect of "eliminating and restricting competition" should be taken as optional elements;Iii.Reduce the burden of proof on the plaintiff and maintain a relatively equal pleading relationship;Iv.Application of specific exemption conditions and formulation of industry anti-monopoly guidelines.Therefore,through the above aspects of the content of the improvement,to promote the resale price maintenance of anti-monopoly regulation more sound,in line with the needs of China’s competition policy and market economy development.