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Since the first anti-monopoly review case was completed, public authorities are starting to pay more attention to reverse payment settlement agreements. However, it is extremely problematic for any single mode of analysis to accurately identify the illegality of reverse payment settlement agreements, not excluding the rule of reason. On the contrary, the hybrid modes of analysis applied by the Supreme Court in this case is both flexible and definitive, which is expected to become a new paradigm in China. In view of this, this article analyzes the trial thinking of the Supreme Court, and summarizes the difficulties of the case in terms of the effect analysis, validity review and exemption clause. Finally, based on the characteristics of reverse payment settlement agreements and the antitrust rules in intellectual property field of China, this article makes suggestions to improve the mode of analysis.
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| 科 Family | 属数 Number of genus | 种数 Number of species | 占总种数比例 Percentage of total species (%) | 属 Genus | 种数 Number of species | 占总种数比例 Percentage of total species (%) |
|---|---|---|---|---|---|---|
| 鹅膏菌科Amanitaceae | 2 | 11 | 5.26 | 鹅膏菌属 Amanita | 10 | 4.78 |
| 小菇科 Mycenaceae | 2 | 12 | 5.74 | 丝盖伞属 Inocybe | 5 | 2.39 |
| 多孔菌科 Polyporaceae | 8 | 14 | 6.70 | 蜡蘑属 Laccaria | 5 | 2.39 |
| 红菇科 Russulaceae | 3 | 23 | 11.00 | 小皮伞属 Marasmius | 6 | 2.87 |
| 小菇属 Mycena | 11 | 5.26 | ||||
| 光柄菇属 Pluteus | 5 | 2.39 | ||||
| 红菇属 Russula | 17 | 8.13 | ||||
| 栓菌属 Trametes | 5 | 2.39 |
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