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买断式销售以生产商和销售商达成买断销售协议为基础。买断销售协议属于反垄断法中的纵向限制竞争行为。我国对买断销售行为应加以立法规制,建立以合理分析为原则,以市场结构标准为主要考察目标的规制买断式销售行为的法律制度。具体市场结构标准的确定,依赖于我国政策和经济发展不同阶段的需要,并由反垄断法执法机关在实践中不断地作出调整。
Buy-out sales are based on the sale and purchase agreement between the manufacturer and the seller. The buyout agreement is part of the vertical restraint competition in the antitrust law. In our country, the legal system of buying and selling behavior should be regulated by legislation and the legal system of buying and selling by the principle of reasonable analysis and the standard of market structure should be established. The determination of specific market structure standards depends on the needs of different stages of China’s policy and economic development and is constantly adjusted by law enforcement agencies in the anti-monopoly law in practice.