Possible Turning Point For Resale Price Maintenance In China

By Huang Wei, Zhu Fan and Wendy Zhou (January 31, 2018, 12:36 PM EST) -- On Dec. 11, 2017, the Hainan Higher People's Court in China (HHPC) issued a landmark judgment in the first judicial review case concerning the antitrust enforcement agencies' approach toward resale price maintenance practices. This case is of particular significance given the perceived sharp divergence between the courts' approach and the antitrust enforcement agencies' approach toward RPM practices, which has existed for a long time. This is the first time ever that a court in China directly and explicitly held that the enforcement approach adopted by the antitrust enforcement agencies toward RPM practices is consistent with laws. Therefore, this case may be an important turning point for reconciling the long-time divergence....

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