类型化视角下轴辐协议的反垄断法定性

Study on the Nature of Anti-monopoly Law of Hub-and-Spokes Agreement from the Perspective of Typology

轴辐协议的特殊形式冲击了传统的横向垄断协议和纵向垄断协议的两分法,也不能纳入其他已有的类型化垄断行为,因此游离于反垄断法类型化制度之外。轴辐协议与横向垄断协议、纵向垄断协议以及滥用共同市场支配地位制度存在差别,但也存在交叉。对于跨界的轴辐协议的一种处理方式是对其进一步类型化,构建实质轴心轴辐协议和形式轴心轴辐协议的模型。通过类型化的轴辐协议基本模型及其竞争效果分析,将实质轴心轴辐协议归入纵向垄断协议,将形式轴心轴辐协议归入横向垄断协议,辅之以第三人帮助实施垄断协议的条款,是轴辐协议反垄断定性的最优路径。

The special form of hub-and-spokes agreement impacts the traditional dichotomy of horizontal monopoly agreement and vertical monopoly agreement, and cannot be included in other existing typed monopoly behaviors, so it is free from the typed system of anti-monopoly law. The hub-and-spokes agreement is different from the horizontal monopoly agreement, the vertical monopoly agreement and the system of abusing the dominant position of common market, but there are some intersections. One way to deal with the cross-border hub-and-spoke agreement is to further type them and build models of the substantive hub-and-spokes agreement and the formalized hub-and-spokes agreement. Through the analysis of the basic model of typed hub-and-spokes agreements and its competitive effect, it is the best way that the substantive hub-and-spokes agreement is classified as vertical monopoly agreement and the formalized hub-and-spokes agreement is classified as horizontal monopoly agreement, and the third party to help implement the provisions of monopoly agreement.