Determination of"Consensuality":Regulatory Overlaps and Choices on Vertical Restraints from Anti-monopoly Law
Typological choices about monopolistic conduct give rise to the possibility of regulatory overlaps between vertical non-price monopoly agreements and abuse of dominant market position on vertical restraints from Anti-monopoly Law.Due to the difference in the constitutive elements and analytical framework of the violation of the vertical non-price monopoly agreement provisions and the abuse of dominant market position provisions,the choice of different regulatory paths will affect the determination results whether the vertical restraints violate Anti-monopoly Law or not,and will also present differences in the determination of the subject to be punished.Therefore,when there are regulatory overlaps between vertical non-price monopoly agreements and abuse of dominant position in the implementation of the Anti-monopoly Law in China,it is suggested that consensuality is the criterion for the selection of regulatory path.In determining whether there is consensual vertical restraint,it can be examined in accordance with whether it constitutes formal or substantive consent,so as to activate to a certain extent the dormant vertical non-price monopoly agreement provisions of China's Anti-monopoly Law.
vertical anti-monopoly agreementsabuse of dominant market positionregulatory overlapsconsensualityregulatory choices
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