The examination of the maintenance of resale prices on the anti-monopoly law should apply the rule of reason, rather than the per se rule at present. This is mainly divided into two steps: the first step is to examine the negative effect of the maintenance of resale prices, and if it has not such effect, it should presume that the maintenance of resale prices would not be prohibited directly; the second step is to examine whether it will bring efficiency if the maintenance of resale prices has such effect, and if this efficiency could compensate for the negative effect of the maintenance of resale prices, it also would not be prohibited; on the contrary, it would be prohibited. The National Development and Reform Commission and Shanghai High People's Court have processed three cases about the maintenance of resale prices in 2013, but they do not grasp this approach completely and accurately. It does not benefit the practice of anti-monopoly law in China. Based on the practical needs of anti-monopoly's enforcement, henceforth China should combine mature foreign experience with domestic actual situation and find out a workable regulatory method as soon as possible.
The Anti-monopoly Law Regulation on Maintenance of Resale Prices
Journal of Shanghai University of Finance and Economics Vol. 18, Issue 02, pp. 116 - 128 (2016) DOI:10.16538/j.cnki.jsufe.2016.02.010
Cite this article
Zeng Jing. The Anti-monopoly Law Regulation on Maintenance of Resale Prices[J]. Journal of Shanghai University of Finance and Economics, 2016, 18(2): 116–128.