纵向垄断协议的安全区：“安全港”制度的新适用

Group 1 - The "safe harbor" rule in China's Anti-Monopoly Law allows operators with a market share below a certain threshold to avoid prohibition on vertical monopoly agreements, provided they meet other conditions set by the State Council's anti-monopoly enforcement agency [1][2] - The rule is designed to provide legal protection for certain behaviors, reducing legal compliance costs for businesses and enhancing operational stability [2][3] - The "safe harbor" rule is not unique to anti-monopoly law and has parallels in various legal fields, such as intellectual property and securities law, indicating a broader legislative practice [2][3] Group 2 - The "safe harbor" rule applies specifically to vertical monopoly agreements, excluding horizontal agreements, and can cover both price and non-price agreements [4] - The rule incorporates a dual standard of market share and revenue, reflecting the need for a comprehensive assessment of market power [5][6] - The thresholds for market share are set at 5% for price-related agreements and 15% for non-price agreements, indicating a stricter approach to price-related agreements due to their higher risk of anti-competitive effects [6] Group 3 - The assessment of whether an agreement meets the "safe harbor" criteria is based on data from the duration of the monopoly agreement, rather than a single point in time [7] - The application of the "safe harbor" rule follows an "application-review" logic, where operators must provide supporting materials for their claims, and enforcement agencies will verify compliance [7][8] - The "safe harbor" rule is distinct from other exemption rules in the Anti-Monopoly Law, serving as a mechanism to filter out agreements with minimal competitive harm [9][10] Group 4 - The establishment of the "safe harbor" rule creates a predictable legal environment for vertical monopoly agreements, enhancing business flexibility and stability [10][11] - This rule aligns with the broader goals of promoting market economic vitality and supporting the development of the private economy in China [11]