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China’s Regulation on Resale Price Maintenance: The Necessity and Path for the Implementation of the “Safe Harbor” and “Effects-Based Defense” Mechanisms

BY | April 16, 2024

The regulation of resale price maintenance (RPM) stands as a notably contentious issue within antitrust law. The 2022 revision of China’s Anti-monopoly Law introduced the concepts of “Safe Harbor” and…

The regulation of resale price maintenance (RPM) stands as a notably contentious issue within antitrust law. The 2022 revision of China’s Anti-monopoly Law introduced the concepts of “Safe Harbor” and the “effects-based defense” mechanisms in relation to determination of RPM. Nevertheless, the detailed application guidelines for “Safe Harbor” have yet to be released, and the parameters for the “effects-based defense” remain vague, casting a shadow of uncertainty over business o

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