反垄断“安全港”制度落地：在宽严之间 寻找纵向协议规制的“中国方案”

Group 1 - The core viewpoint of the article is the revision of the "safe harbor" provisions in the Anti-Monopoly Law, which clarifies the market share standards and other conditions for vertical monopoly agreements [1][2] Group 2 Background of the Revision - Vertical monopoly agreements have been one of the most controversial areas since the implementation of the Anti-Monopoly Law in 2008, with differing interpretations regarding the competitive effects of resale price maintenance agreements [2] - The revision in June 2022 introduced a "safe harbor" system to identify vertical monopoly agreements that are unlikely to harm competition, thus presuming them to be legal [2] Role of the "Safe Harbor" System - The "safe harbor" system is designed to categorize vertical agreements based on their potential to restrict competition, allowing for a more nuanced analysis of their effects [3] - It aims to focus enforcement resources on agreements that are more likely to harm competition while providing clearer expectations for businesses [3] Key Analysis of the "Safe Harbor" System 1. The "safe harbor" standards are the result of weighing multiple factors, including the potential competitive effects of different types of agreements and the costs of enforcement [4] 2. The system incorporates revenue standards alongside market share to address the limitations of using market share alone, especially in new economic forms [5] 3. There are exceptions to the "safe harbor" provisions, allowing for the possibility of proving that an agreement does indeed restrict competition [6] 4. The standards set for the "safe harbor" are considered appropriate, with stricter conditions for agreements that severely limit competition [7] 5. The regulations leave room for special provisions for specific industries or agreements, indicating potential future targeted regulatory measures [8] Outlook - The revision enhances the clarity of compliance paths for businesses and strengthens the enforcement of anti-monopoly laws, promoting a fairer market environment [9]