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Interpretation and Application of Art.14 of the Anti-monopoly Law (反垄断法第十四条的文本解释与法律适用)
(Available in Chinese only)
Competition Enforcers & Academics Summit, 1 - 2 August 2019
Authors: Prof GUO Zongjie, Jinan University
Year published: 2019
Prof Guo discusses the divergence between competition authorities and the judiciary on the application of Article 14 of the Anti-Monopoly Law, ie vertical anti-competitive agreements. In cases relating to Resale Price Maintenance (RPM), the judiciary often adopts effect analysis while competition authorities argue that RPM should be deemed as illegal per se and it is thus not necessary to analyze its anti-competitive effect. Prof Guo considers the conflict results from conflicting interpretation of the law. After looking into Article 13, 14 and 15, as well as the Judiciary Interpretation issued by the Supreme People’s Court, Prof Guo comes to the conclusion that RPM should be regarded as illegal per se, although undertakings should still be able to make defence in accordance with the law.