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.” Following that framework, the burden of proof falls on the plaintiff to prove the existence of a vertical agreement and that the agreement restricts competition.

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