A Study of Resale Price Maintenance (RPM)

• Main Authors: Lin, Chien-Fu, 林建福
• Other Authors: 王文杰
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/j6zjtx

碩士 === 國立政治大學 === 法學院碩士在職專班 === 106 === The relevant regulations of Resale Price Maintenance (RPM) of Taiwan are relatively strict comparing with the other countries in the world. Actually, the occurrences and the penalties of cases made by the Authority were significantly less than the other restricted competition behaviors. Strict legal norms of RPM seem to have ended up with a prominent deterrent effect superficially. However, further observing the retail channels, the retailer market has become highly concentrative and been dominated by few big chain stores. The minor enterprises are failing to compete with the large enterprises in these big chain stores eventually, the supply markets are dominated by large enterprises step by step as well. In such a concentrative retail market, it is hard to imagine the possibility for a manufacturer to implement RPM policy by itself. However, when observing the selling prices of major fast-moving consumer goods (FMCG), such as oil, salt, alcohol, fresh milk, milk powder, rice, noodles, eggs, etc. in food category, or toilet paper, facial paper, detergent, feminine hygiene products, baby diapers, etc. in nonfood category, the selling prices seem to be set orderly according to the market strengths of the retail channels. Obviously, the suppliers and retailers have come into tacit understandings or agreements about the selling prices. Nevertheless, these tacit understandings or agreements of the selling prices are seldom to be revealed and punished by the Authority. Most of the disposition cases made by the Authority limit only to minor enterprises. It seems that the strict legal norms of RPM can not regulate the RPM behaviors between big chain stores and large enterprises effectively. Instead, the regulations of RPM have had considerable deterrent effects to minor enterprises. What was more, for the need in the burden of proof, the suppliers will hesitate to implement the maximum RPM that is even beneficial to the interests of consumers. The enforcement of the regulations seems falling into a predicament of "regulating only the minors, however incapable to the large enterprises”. Not to mention to moderate the illegality of RPM which already was the trend of the world. Therefore, we analysis the adequacy of the relevant regulations of RPM, and compare the relevant regulations of the major countries, as well as the cases implemented by the authority over the years in this thesis, hoping that the opinions of this thesis will be helpful to the legislations of RPM in the future.