2015•Journal of Sanming UniversityRequires access

The Discussion of the Rule of RPM's Regulation

HU Chengwe

Abstract

Per se rule and the rule of reason are originated from judicial practice, which can be applied to Resale Price Maintenance( RPM). Considering to the RPM's rational factors, the rule of reason can be more suitable as the rule of RPM's regulation. According to the latest Maotai Wuliangye case and sharp State v. Johnson case, law enforcement and judicial organs are applicable to different regulation principles respectively, which have exposed many problems. Taking the existing competition policy as the starting point, the rule of reason should be chosen as the rule of RPM's regulation, and a pathway to applying the rule of reason should be designed comprehensively in order to solve these problems.

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Key concepts: Rule of reason, Rule of law, Enforcement, Competition (biology), Law and economics, Rule-based system, State (computer science), Order (exchange)