纵向限制竞争协议与横向限制竞争协议的比较

纵向限制竞争协议主要影响同一品牌内部的竞争,因而对纵向限制竞争协议,主要应看一方当事人的市场力量如何,以及对竞争者的排斥效果如何。由于纵向限制竞争协议积极效果更加突出,因而不像横向限制竞争协议那样受到严格的控制,本身违法规则适用范围有限,除了转售价格维持与绝对的地域保护以外,对其他纵向限制竞争协议均应适用合理规则进行分析。

Competition Analysis of Vertical Restrictive Agreements

Through a comparison with horizontal agreements,this article tries to reveal the nature,characteristics and the ways of competition analysis of vertical restrictive agreements.The issues discussed are problems to which more attention shall be paid by the competition law study of China.Vertical agreements mainly affect intra-brand competition,thus the competition examination focus on the strength of one side of the parties and the exclusive effect to their competitors.Vertical limitations are not as strictly regulated as horizontal ones owing to their positive effects,and vertical limitations are subject to the rule of reason except resale price maintenance and absolute territorial protection.However,different combinations of various vertical limitations can lead to different results,therefore some of the analyses are even more complex than horizontal limitations.