简明反垄断法法英文指南/赵庆庆译(32)
问：我经营着两家出售翻录音乐的商店。一家大型廉价连锁店的低于我的批发价的大幅打折销售行为严重影响了我的经营。我知道有法律规定限制此类价格歧视行为，但我无力支付与大公司进行诉讼所必需的诉讼费用，你们能帮助我吗？
答：虽然，从表面上看起来这家廉价连锁店是以低于批发价在出售他们的翻录音乐，但这可能是由于他实现了规模经营而使单位商品的销售成本下降。总成本亦随之下降。倘若如此，制造商就对于其差别性的定价行为有了一个 “成本抗辩”的正当理由，从而并不违反《鲁宾逊-帕特曼法》However, if the wholesale price differences are not justified on the basis of cost or other differences, and retail competition is being harmed to the detriment of consumers, antitrust authorities would want to know about the situation.
Q: I bought a Total Motors car a few years ago, and now, when I need parts replaced, I have to get them from the TM dealer. They’re very expensive. Isn’t this illegal monopolization?
A: Distribution arrangements like this usually are permitted. TM has the exclusive right to produce TM brand parts, so it is not illegal for the company to have a monopoly for its own parts. In addition, TM’s decision to make the parts available only through its dealers wouldn’t constitute monopolization of the service market unless the dealerships were owned by TM and it appeared that the company was trying to monopolize the service market through unreasonable means. Most automobile dealerships are independently owned, but even if that were not the case, a manufacturer may have legitimate reasons for making the parts available only through its dealers. For example, it may want to ensure quality of performance by requiring the parts to be dealer installed.
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