A Comparative Analysis of Antitrust Approaches to Resale Price Maintenance in China and the United States and Recommendations for China Going Forward

A Comparative Analysis of Antitrust Approaches to Resale Price Maintenance in China and the United States and Recommendations for China Going Forward By Yang Yang (Chinas University of Political Law and Science)1

Introduction

There is significant divergence between Chinese and U.S. approaches to antitrust analysis of vertical restraints, particularly for resale price maintenance (RPM). China, at least in administrative matters, generally applies a more formalistic approach with presumptions of illegality. In contrast, U.S. federal antitrust agencies and courts apply a full-blown ef…

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