Direct answer

Resale price maintenance (RPM) and other vertical restraints can create antitrust risk in China, but the analysis should distinguish fixed/minimum resale price restrictions from r…

Current Anti-Monopoly Law, SAMR rules/guidance and case law should be checked before stating that any particular clause is automatically lawful or unlawful.

The classification screen

5 questions before you choose the route.

This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.

01

Check fixed/minimum vs recommended price

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor
02

Check monitoring/penalties

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor
03

Check market context

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor
04

Check distribution model

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor
05

Check exemptions/safe-harbor rules if current and applicable

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor

Working rule: Map the regulated role before marketing or launch in China.

What changes the answer

The signal ledger.

These facts move the question beyond a label and into a product, money-flow and control analysis.

Signal
Ask the operating question
Why it changes the route
Fixed/minimum vs recommended price
How does the matter involve fixed/minimum vs recommended price?
This operating fact can change the applicable legal route, evidence and next step.
Monitoring/penalties
How does the matter involve monitoring/penalties?
This operating fact can change the applicable legal route, evidence and next step.
Market context
How does the matter involve market context?
This operating fact can change the applicable legal route, evidence and next step.
Distribution model
How does the matter involve distribution model?
This operating fact can change the applicable legal route, evidence and next step.
Exemptions/safe-harbor rules if current and applicable
How does the matter involve exemptions/safe-harbor rules if current and applicable?
This operating fact can change the applicable legal route, evidence and next step.
Prepare before you escalate

Bring a compact evidence docket—not a pitch deck.

Give a compliance team or counsel the operating facts that reveal the perimeter.

01Distribution agreementsInclude this in the compact fact file for review.
02Pricing policiesInclude this in the compact fact file for review.
03Communications with distributorsInclude this in the compact fact file for review.
04Monitoring/penalty recordsInclude this in the compact fact file for review.
05Market/competitive dataInclude this in the compact fact file for review.

Primary authorities

Reviewed sources support orientation, not a fact-specific assessment.

Sources last checked: