| Abstract: | Vertical non-price restrictions are a common form of market competition, but the legal implementation of major jurisdictions lacks validity and coherence in the actual response. China’s Anti-Monopoly Law does not make explicit provisions for it, making the implementation of the law uncertain. A comparative analysis of the logic and experience types developed by EU law and American law on the regulation of vertical non-price restrictions can be established: distribution restraints start with intra-brand competition lessening, and end with effect on intra-brand competition. Furthermore, the approach of this Anti-monopoly regulation should be centered on the intra-band and inter-brand competition analysis. Based on which, the anticompetitive effect on different layers of distribution, efficiencies and their pro-competitive transformation should be evaluated. Lastly, it is of crucial importance to clarify the inner logic of vertical monopolistic as an independent form of normative category in anti-monopoly law, thus to form a distinctive analytical method other than horizontal monopolistic agreement and abuse of dominant market position. |
