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 describing a supplier forcing its distributors to follow minimum resale prices. The Zizhu Pharma decision confirms that SAMR’s plan to provide a “safe harbour” for certain RPM conduct is currently on hold.

On 29 May 2023, China’s antitrust authority – the State Administration for Market Regulation (“SAMR”) – published the decision against Zizhu Pharma on…

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