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    Please use this identifier to cite or link to this item: http://ir.lib.ncu.edu.tw/handle/987654321/83751

    Title: 論數位時代之垂直交易限制──以網路經銷限制為核心;A Study of the Vertical Restraints in the Digital Age: Focusing on Online Vertical Restraints
    Authors: 梁雅涵;Liang, Ya-Han
    Contributors: 產業經濟研究所
    Keywords: 垂直交易限制;網路經銷限制;品牌內競爭;品牌間競爭;vertical restraints;online vertical reatraints;intrabrand competition;interbrand competition
    Date: 2020-07-30
    Issue Date: 2020-09-02 17:01:34 (UTC+8)
    Publisher: 國立中央大學
    Abstract: 由於電子商務的盛行,廠商越來越重視網際網路的行銷管道,同時也體認到該管道的影響力,因此透過各種方式進行行銷管道的分配,例如全面禁止經銷商於網路進行商品的販售、獨家授權一家經銷商專門經營網路行銷。廠商在追求利益最大化的過程中,不免忽略某些手段可能會牴觸法規範,可能致生傷害競爭之風險。再者,近年來演算法的發展,也有助於廠商進行決策分析,在其幫助之下為執法機關增添判斷違法的難易程度。
    ;The internet has changed the way we live. It has dramatically revolutionized many different fields. In the business field, the internet has had a significant impact on trading pattern. It makes things easier. However, it also brings difficulties due to its derived problems need to be resolved. For instance, the development of algorithms can help firms to make decisions. At the same time, it becomes harder for law enforcement agencies to judge violations.
    Vertical restraints developed from per se illegal to loose rule of reason. Due to the reason that the evaluations of such behaviors have both positive and negative sides, and the effects of these two are often close in intensity. However, the mainstream view of the competition law believes that when the interbrand competition is sufficiently restrained, a moderate sacrifice of intrabrand competition can promote interbrand competition. However, in a society that emphasizes brand value, brand management and brand image establishment. The interbrand competition is relatively weak, so competition may mainly depend on the intrabrand competition. Therefore, we should review the mainstream view that the existence of intrabrand competition is not unnecessary.
    The purpose of this study was to distinguish the differences between online vertical restraints with other vertical restriaints, by considering its particularity, it needs to be treated differently. Therefore, it is necessary to define the behavior of online vertical restraints. Discuss the legitimacy of its purpose, the necessity of control, and further propose a reasonable scrutiny-standard, which has variable intensity corresponding to different situations.
    Appears in Collections:[產業經濟研究所] 博碩士論文

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