Resale Price Maintenance (RPM) Agreements Under AML 2008 - Per Se Illegal Treatment vis-a-vis the Rule-of-Reason Approach

摘要

Resale price maintenance could be both beneficial and harmful to competition in various circumstances. It would only constitute a vertical monopolistic agreement where the anti-competitive effect cannot be addressed or offset by the pro-competitive effect. RPM has been scrutinised in private litigation in the U.S., the EU and China regarding whether it is per se illegal or subject to the rule of reason. The Shanghai Court and the National Development and Reform Commission (NDRC) may find it challenging to determine whether RPM can substantially increase the efficiency of a distribution chain or restrict competition.