Why the courts and the NDRC disagree over price fixing

| BY

clpstaff &clp articles

As the NDRC becomes more aggressive in its price fixing enforcement, businesses in China are waiting for an appeal decision in a case where a Shanghai court has taken a different approach to the Commission's

An appeal of the high-profile case involving Rainbow Medical and Johnson & Johnson is now pending before the Shanghai Higher People's Court.

During the first instance at the Shanghai Intermediate People's Court, the judge ruled against Rainbow for failing to meet the burden of proof that the agreement between J&J and Rainbow had restricted or eliminated competition, which meant that the contract between the two parties was not part of a monopolistic agreement.

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]