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Antitrust Provisions Resale Price Maintenance (RPM)

Lathrop GPM

FTC Sues PepsiCo for Illegal Price Discrimination Under Robinson-Patman Act

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The Federal Trade Commission recently sued PepsiCo, Inc. alleging that the company engaged in illegal price discrimination by providing a large retailer with unfair pricing advantages in violation of the Robinson-Patman Act....more

Jones Day

China Unveils New Anti-Monopoly Guidelines for the Pharmaceutical Sector

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China's State Council issued new Anti-Monopoly Guidelines for the Pharmaceutical Sector (the "Guidelines") effective January 24, 2025. The Guidelines provide a comprehensive framework for the State Administration for Market...more

Morgan Lewis

Minimum Resale Price Maintenance Agreements Face Scrutiny from Maryland Attorney General

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The Office of the Maryland Attorney General recently announced that the state is actively investigating resale price maintenance (RPM) violations under Maryland’s state antitrust law. Maryland’s investigations are notable as...more

Hogan Lovells

Resale price maintenance in China – safe harbour or stormy seas?

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On 29 May 2023, China’s antitrust authority published on its webpage the decision against Zizhu Pharma. The company was fined by SAMR’s Beijing branch for engaging in resale price maintenance, the antitrust lingo for...more

Hogan Lovells

China’s antitrust authority enacts final implementing regulations for amended Anti-Monopoly Law

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On 24 March 2023, China’s antitrust authority – the State Administration for Market Regulation (“SAMR”) – issued four regulations implementing the recently amended Anti-Monopoly Law (“AML”), which cover four areas...more

A&O Shearman

Antitrust in focus - February 2023

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. Vivian Cao, partner at Allen & Overy Lang Yue, is our editor this month....more

Jones Day

China's Supreme Court Ruling Likely to Prompt More Follow-on Antitrust Litigation

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In Short - The Development: China's Supreme People's Court recently ruled for the plaintiff in Miao Chong v. SAIC-GM, which marked a rare triumph for a plaintiff in antitrust litigation as a follow-on to an administrative...more

Hogan Lovells

The revision of the chinese anti-monopoly law – abuse of dominance, of IPR and of administrative powers

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There are relatively few changes in the draft regulations implementing the revised Anti-Monopoly Law in the areas of abuse of dominance, abuse of IPRs, and abuse of administrative powers. While mainly platform operators are...more

Hogan Lovells

The revision of the Chinese Anti-Monopoly Law – to agree or not to agree

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The draft Regulation Prohibiting Monopoly Agreements is a key part of the Anti-Monopoly Law reform package. While the expansion of the cartel prohibition to include third parties may not come as a surprise, the introduction...more

K&L Gates LLP

"Extra, Extra, Read All About It"—Final European and UK Brand Distribution Rules Published

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On 10 May 2022, the European Commission (the Commission) finally published the official final version of the European Vertical Block Exemption Regulation (VBER) and guidelines (Vertical Guidelines). The new rules will come...more

Hogan Lovells

China Antitrust Column – September 2021

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On 27 September 2021, just a few days before the week-long National Day break, the State Administration for Market Regulation (SAMR) issued its decision against Bull, a supplier of power connection and extension products from...more

Kilpatrick

Bringing Abuse of Dominance to the United States: New York’s Proposed Amendments to The Donnelly Act Would Broaden Antitrust...

Kilpatrick on

Let me begin by saying “I love New York!” But the recently proposed amendments to its antitrust laws? Not so much. Under the guise of placing New York antitrust enforcers on parity with their federal counterparts by giving...more

Jones Day

ACCC Brings Resale Price Maintenance Enforcement Action

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A new ACCC resale price maintenance case provides a timely reminder that manufacturers and suppliers must tread carefully with distribution arrangements related to price in Australia. The Australian Competition and...more

Jones Day

China's Supreme Court Resets Resale Price Maintenance Analysis

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In its first resale price maintenance ("RPM") ruling since the passage of its Anti-Monopoly Law, China's highest court held that Chinese antitrust enforcement agencies do not have to prove that RPM has an anticompetitive...more

K&L Gates LLP

China’s High Court Maintains the Status Quo for Now, but the Future for Resale Price Maintenance in China Is Optimistic for...

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We have been closely following the case of Yutai v. Hainan Provincial Price Bureau, the first dispute involving the legality of a resale price maintenance program brought by China’s antitrust enforcement agency, the State...more

WilmerHale

China’s Supreme People’s Court Rules RPM Is Illegal Per Se

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In a ruling issued on December 18, 2018 but not published until June 24, 2019, China’s Supreme People’s Court (SPC) ruled in favor of the Hainan Provincial Price Bureau in an administrative proceeding regarding a vertical...more

A&O Shearman

Antitrust in focus - June 2019

A&O Shearman on

This newsletter is our take on the antitrust developments we think are most interesting to your business. Börries Ahrens, partner based in Hamburg, is our editor this month....more

K&L Gates LLP

I Got 99 Problems But a Pricing Policy Ain’t One: Unilateral Policies Are 99 Years Old And Still the Safest And Most Effective...

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Over 99 years ago, on June 2, 1919, the United States Supreme Court held in U.S. v. Colgate & Co. that the Sherman Act does not prevent a manufacturer from: 1) unilaterally announcing prices at which goods may be advertised...more

Hogan Lovells

China antitrust authority consults on agreements rules

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On 3 January 2019, the State Administration for Market Regulation (SAMR) released a draft of the Regulation on the Prohibition of Monopoly Agreement Conduct (Draft) on its website, inviting comments from interested...more

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