超市通道费法律调整若干问题探讨——再论“零供”关系法律调整

Legal Adjustment of the Slotting Allowances and Fees: A Further Discussion on the Retailer-Supplier Relationship

超市通道费(进场费)是近年来社会议论的热点问题之一。《零售商供应商公平交易管理办法》颁布后,有关该问题的争论仍在延续。有人认为《办法》首次禁止了进场费。也有人认为《办法》的出台等于承认了进场费的合法性。本文从零售商的经营模式、赢利模式沿革出发,简要分析超市通道费是否妨碍市场公平竞争、是否导致物价上涨损害消费者利益等问题,并对通道费的分类及其法律调整进行探讨。

In recent years, slotting allowances and fees have become one of the hot topics discussed by the public. Even after the promulgation of ＂The administrative rule on the fair dealing relationship between retailers and suppliers＂, the argument showed no sign to end. Some people tend to think that it is the first time that the slotting allowances and fees are prohibited clearly by the regulation. Others hold that the rule can be regarded as the recognition of the legitimacy of the slotting allowances and fees. Based on these discussions, this paper analyzes issues such as whether or not the slotting allowances and fees encumber the fair market competition, whether or not it would lead to the price increases and damage the consumers＇ rights and interests furthermore. Finally, the paper explores the classification of slotting allowances and fees and relevant legal adjustment mechanism.