Resale Pricing In China: Rule Of Reason Or Something Else?
Law360, New York (March 19, 2013, 1:03 PM EDT) -- Late last month, two provincial branches of China's National Development and Reform Commission, which has jurisdiction over price-related anti-competitive conduct under that country's Anti-Monopoly Law ("AML"), announced their decision to fine China's two largest distilleries a total of approximately $72.3 million for implementing resale price maintenance ("RPM") programs in violation of the AML.[1] The decision is noteworthy for several reasons. It is NDRC's first public enforcement action involving RPM, it is the largest fine imposed to-date by any of China's AML enforcers, and the companies are state-owned entities, or "SOEs," which some AML observers have suggested may not be fully subject to the restrictions of the AML....
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