The NDRC campaigns against RPM

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clpstaff &clp articles

O'Melveny & Myers

Nate Bush

[email protected]



August 1 2013 marked the fifth anniversary of the entry into force of the PRC Anti-monopoly Law (中华人民共和国反垄断法) (AML). For much of the AML's first five years, the Anti-monopoly and Price Supervision Bureau of the National Development and Reform Commission (NDRC) sparingly enforced the AML's rules against price-related monopoly agreements and abuse of dominance. However, the NDRC has emerged in 2013 as a visible and active antitrust authority, with high-profile actions against foreign LCD suppliers and domestic liquor distilleries. On August 7 2013, the NDRC announced fines totalling Rmb668.73 million ($109.24 million) on six suppliers of infant formula for engaging in resale price maintenance (RPM) in violation of the AML. The published notice reflects the NDRC's evolving anti-trust enforcement programme.

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