Abstract:
The cases of Maotai and Wuliangye vertical price monopoly, a hot topic for a while, were very different from general enterprises vertical price monopoly cases in terms of referee art happened in the same year. Moreover, the applicability of anti-monopoly legislation to regulate state-owned enterprises' related behavior is still uncertain. In practice, the state-owned enterprises are divided into competitive and public welfare state-owned enterprises, and the former are once again divided into innate competitive and acquired competitive state-owned enterprises. there will be some particularity for the acquired competitive state-owned enterprises during the transition period of state-owned enterprise reform, if we take it for granted that the current legislation is applicable to the regulation of state-owned enterprises as a prerequisite; and it will not be appropriate if we adopt the exemption system of the current legislation to determine competitive state-owned enterprises' vertical price limit behavior. To improve the legislation of the relevant exemption system, firstly, we should supplement the pre-examination system and apply the specific exemption legislation model. In addition, we should further improve the exemption entity provisions of the competitive state-owned enterprises vertical price monopoly agreement and supplement the procedural legislation.