On The Antitrust Regulation Of Resale Price Maintenanc

With the continuous development of economic theory,resale price maintenance has become a key object of anti-monopoly law because of its legal and economic attributes and its dual effect on market competition.China’s newly revised Antimonopoly Law clarifies the analysis principle of resale price maintenance and improves the antimonopoly law system by introducing the operator’s exclusive defense and the "safe harbor system".However,there are still conflicts between the antitrust enforcement agencies and the judiciary in the application of the law,the application of the operator’s exclusive defense and the exemption clause is still unclear,the "safe harbor system" has not been introduced to establish specific criteria for its application,and there is still no antitrust regulation of unilateral policy-based resale price maintenance.There are concerns about the subsequent application of the antitrust law to the legal regulation of resale price maintenance.Therefore,when exploring the antitrust regulation of resale price maintenance under the existing antitrust framework,we can further improve our antitrust law by learning from the experience of resale price maintenance in Europe and the United States.At the same time,specific adjustments must be made in light of the realities of China.Specifically: first,to clarify the reasons for the conflict between China’s anti-monopoly enforcement agencies and judicial authorities and to establish a mechanism for determining resale price maintenance;second,to clarify the procedures for the application of the resale price maintenance operator’s exclusive defense and the criteria for the application of the exemption clause and the order of application of the two;third,to improve the definition of the relevant market share and "other conditions" in the "safe harbor system".Third,to improve the definition of market share and "other conditions" in the "safe harbor system" and clarify the application of the "new law" and the "old rules";fourth,to regulate unilateral policy-based resale price maintenance behavior based on the theory of relative dominance.