Resale Price Maintenance in China: An Economic Perspective

Journal of Antitrust Enforcement, 2015, i132–i154

23 Pages Posted: 15 Oct 2014 Last revised: 13 Oct 2015

See all articles by Shan Jiang

Shan Jiang

University of International Business and Economics (UIBE) School of Law

D. Daniel Sokol

USC Gould School of Law; USC Marshall School of Business

Date Written: June 16, 2015

Abstract

This article analyzes resale price maintenance (RPM), its economic principles, and its application in the United States, Europe and China. The application of RPM varies across each of these three jurisdictions. In China, there are competing economic goals, no clear standard (per se illegality versus rule of reason) and case outcomes that do not necessarily fully embrace an economic based approach. We identify those areas in Chinese antitrust jurisprudence that will shape enforcement and offer an economic approach that allows for internal consistency for decision-making.

Keywords: resale price maintenance, RPM, economics, antitrust, competition law, China, comparative

JEL Classification: K21, L42, L11

Suggested Citation

Jiang, Shan and Sokol, D. Daniel, Resale Price Maintenance in China: An Economic Perspective (June 16, 2015). Journal of Antitrust Enforcement, 2015, i132–i154, Available at SSRN: https://ssrn.com/abstract=2509854 or http://dx.doi.org/10.2139/ssrn.2509854

Shan Jiang

University of International Business and Economics (UIBE) School of Law ( email )

No. 10, Huixin Dongjie, Room 708, Ningyuan Buildin
Chaoyang District
Beijing
China

D. Daniel Sokol (Contact Author)

USC Gould School of Law ( email )

699 Exposition Boulevard
Los Angeles, CA 90089
United States

USC Marshall School of Business ( email )

701 Exposition Blvd
Los Angeles, CA California 90089
United States

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