The main forms of vertical monopoly agreement

The main forms of vertical monopoly agreements are divided into typical vertical monopoly agreements and prohibiting operators from reaching monopoly agreements with counterparties. Typical vertical monopoly agreements include resale price maintenance agreements, which mainly include two types: agreements to fix the price of goods resold to third parties, agreements to limit the lowest price of goods resold to third parties, exclusive sales agreements, exclusive purchase agreements, selective sales agreements, franchise agreements, tying or attaching unreasonable conditions. It is forbidden for operators to reach monopoly agreements with counterparties, including fixing the price of goods resold to third parties, limiting the lowest price of goods resold to third parties, and other monopoly agreements recognized by anti-monopoly law enforcement agencies in the State Council. Monopoly agreement refers to the behavior of two or more operators, including trade associations and other groups of operators, to fix prices, divide the market, restrict production, crowd out competitors and exclude and restrict competition through agreement or concerted action.

Article 13 of the Anti-monopoly Law of the People's Republic of China prohibits competitive operators from reaching the following monopoly agreements: (1) fixing or changing commodity prices; (2) limiting the production or sales of commodities; (3) Dividing the sales market or the raw material purchasing market; (4) restricting the purchase of new technologies and equipment or the development of new technologies and products; (5) boycotting transactions; (six) other monopoly agreements recognized by the anti-monopoly law enforcement agencies in the State Council. Monopoly agreements mentioned in this Law refer to agreements, decisions or other concerted actions that exclude or restrict competition.

Classification of monopoly agreements

Monopoly agreements mainly include horizontal agreements and vertical agreements. Horizontal agreement refers to a monopoly agreement reached between operators with competitive relations. Vertical agreement refers to an agreement reached by two or more operators in the same industry who are at different economic levels and have no direct competition relationship but have a buying and selling relationship to exclude or restrict competition through express or implied means. Monopoly agreement means that two or more operators, through agreement or other concerted actions, implement the actions of fixing prices, dividing markets, restricting production, crowding out other competitors and so on to exclude and restrict competition.