转售价格维持垄断行为的解释论分析——以茅台与五粮液案为具象

An Analysis of Monopoly in Maintenance of Resale Price from Perspective of Interpretation Theory:Taking Cases of Maotai and Wuliangye as Examples

对转售价格维持应适用合理规则已是共识,但具体应如何来操作,我国尚未形成完整地规制方法,因而运用合理规则并结合反垄断法基本原理,分析茅台和五粮液的转售价格维持,对建构一套符合我国国情的反垄断规制方法具有重大实际意义。同时以该案为具例,指出法解释论方法对我国反垄断执法的巨大作用与价值。

It is a consensus that we should apply the rule of reason to maintenance of resale price,but our country has not yet formed a complete regulation method that how to operate it specifically. Therefore,using the rule of reason and the basic principle of anti-monopoly law to analyze maintenance of resale price of Maotai and Wuliangye will have important practical significance to the construction of a set of anti-monopoly regulation method which accords with the actual conditions of our country. Meanwhile,the article sets this case as an example,and points out the law interpreta-tion method has a huge effect and value on our country’s anti-monopoly law enforcement.