The Relationship between Articles 14 and Article 15 of the AML

9 Pages Posted: 29 Aug 2017

See all articles by Qing Li

Qing Li

National Development & Reform Commission (NDRC)

Liyang Hou

Shanghai Jiao Tong University (SJTU) - KoGuan Law School

Date Written: August 26, 2017

Abstract

The ambiguous relationship between Article 14 and Article 15 of AML has begun to produce many problems in China. Most dramatically, different understandings of the relationship have resulted into contradictory decisions between the courts and the NDRCL. This article is aimed to shed some light on this issue. It is submitted that although the courts’ position matched better the relevant economics theories, it is not compatible with the AML; in comparison, the NDRC’s practice, though initially looking more intrusive and rigid, as a matter of fact comply with the AML.

Keywords: Resale Price Maintenance, Burden of Proof, China

Suggested Citation

Li, Qing and Hou, Liyang, The Relationship between Articles 14 and Article 15 of the AML (August 26, 2017). Available at SSRN: https://ssrn.com/abstract=3027020 or http://dx.doi.org/10.2139/ssrn.3027020

Qing Li

National Development & Reform Commission (NDRC)

Block B, Guohong Building
Jia 11, Muxidi Beili, Xicheng District
Beijing 100038
China

Liyang Hou (Contact Author)

Shanghai Jiao Tong University (SJTU) - KoGuan Law School ( email )

Huashan Road 1954
Xuhui District
Shanghai, Shanghai 200030
China
+86-21-6293-4632 (Phone)

HOME PAGE: http://law.sjtu.edu.cn/TeacherDetail123.aspx

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