OCT-13(2)

RPM is one of the hottest areas of competition law in the world. A recent Chinese landmark case—Johnson & Johnson—was not only the first significant case won by a private litigant in China, but it marked the first time a Chinese Court has publicly expanded on an appropriate RPM approach. Our guest Editor, Adrian Emch, author of China’s […]

Basic Elements for Analyzing Resale Price Maintenance

Ding Wenlian, Oct 28, 2013 There are two main views espoused by scholars on how to apply Article 14 of China’s Anti-Monopoly Law, which covers vertical agreements. The first view is that the current case law in the United States at the federal level should be followed, whose guiding principle is the “rule of reason.” […]

A Landmark Court Ruling in China: Resale Price Maintenance as Examined in the Johnson & Johnson Case

Chunfai (CF) Lui, Oct 28, 2013 In this article, I will examine the landmark case where the Shanghai High People’s Court ruled against the Chinese subsidiaries of Johnson & Johnson for resale price maintenance violation, in favor of the plaintiff, a Chinese distributor, Beijing Ruibang Yonghe Technology and Trade Co. Ltd. This case is significant […]

The Use of Economic Analysis in RPM Cases in China: Is There Gold at the End of the Rainbow?

Yan Yu, Oct 28, 2013 This paper revisits the economics of resale price maintenance, comments on the extent to which economic principles were embraced by the Shanghai High People’s Court in ruling the first RPM private litigation in China involving Johnson & Johnson and Rainbow, and discusses potential implications for the use of economic analysis […]

Navigating the Murky Waters of RPM in Chinese Antitrust Law

Ken Dai, Oct 28, 2013 China just celebrated the 5-year anniversary of the Anti-Monopoly Law, which took effect on August 1, 2008. The anti-monopoly enforcement agencies in China seem to be determined to celebrate this anniversary in dramatic fashion, including settling two significant cases concerning minimum resale price maintenance. This shows that RPM is an […]

Resale Price: Australian Experience and Perspectives

Julie Clarke, Philip Clarke, Oct 28, 2013 The prohibition of RPM occupies a special position in Australian competition law. It was the first anticompetitive practice to be specifically outlawed when Australian competition law commenced in earnest in the 1970s, is a per seoffense, has been expanded in scope rather than curtailed, and, unlike most other […]

Behind the Curve? The Treatment of Minimum Resale Price Maintenance in South Africa

Heather Irvine, Oct 28, 2013 The South African Competition Act imposes an outright prohibition on minimum resale price maintenance, and even a first time offense is punishable by an administrative penalty of up to 10 percent of turnover. Since the inception of the Act in 1999, the South African competition authorities have collected more than […]

Resale Price Maintenance in Brazil: A Moving Target

Ana Paula Martinez, Mariana Tavares de Araujo, Oct 28, 2013 Resale price maintenance is one of the current hot topics in the antitrust community, not only in the Europe and China, but also in Brazil. Brazil’s antitrust authority issued an unprecedented decision in February 2013—departing from previous case law—when, by majority, CADE’s Commissioners took the view […]

Resale Price Maintenance in Emerging Competition Regimes in Asia (ex-China)

Clara Ingen-Housz, Oct 28, 2013 Resale price maintenance is the practice whereby suppliers of goods or services specify a fixed, minimum, or maximum resale price to their resellers. If the distributors do not comply, supply can be suspended or there may be some other form of commercial retaliation. This mechanism has received considerable attention from […]