Judicial Evaluations of Minimum Resale Price Maintenance Behavior

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Ding Wenlian, Aug 22, 2014

On the judicial cognizance of vertical agreements stipulated in Article 14 of China’s Anti-Monopoly Law, scholars mainly have taken one of two views. One view adopts the dominant principle currently applied in U.S. judicial practice, the “rule of reason” approach, in which the burden of proof lies on the plaintiff to prove both the existence of vertical agreements and that the agreement has