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China: Retail price management case highlights clashing approaches to antitrust law

By  |  February 22, 2013

A ruling by the Shanghai Intermediate People’s Court against Rainbow Medical, which alleged Johnson & Johnson hampered competition with a contract between the two parties, has been appealed to the Shanghai Higher People’s Court. According to a report, the situation is part of a larger trend of conflicting governmental approaches to retail price maintenance cases under the PRC Anti-monopoly Law. Quoted is antitrust lawyer Zhaofeng Zhou, noting that in this particular case the court used an approach “similar to the US rule of reason,” while the National Development and Reform Commission, China’s antitrust authority, used the per se illegal approach “commonly found in the EU.”

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