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
Price restriction
Is the supplier fixing/minimising resale prices or merely recommending them?
Degree of constraint is central to RPM analysis.
Monitoring/penalties
Are distributors monitored, penalised or denied benefits for discounting?
Enforcement can turn guidance into a restraint.
Market context
What are the parties’ market positions and competitive constraints?
Safe-harbour/effects analysis may depend on market facts.
Distribution model
Is the arrangement agency, distribution, platform or franchise?
Legal character can change the assessment.
Exemption/safe harbour
Do current rules apply?
Check current SAMR rules against facts.
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.
01agreementsConfirm the parties, rights, obligations and operative legal basis.
02pricing policiesSupport the selected pricing method and arm’s-length result.
03distributor communicationsShow how the policy or restriction was communicated and enforced.
04monitoring/penalty recordsEstablish the specific facts and legal significance of monitoring/penalty records for this route.
05market dataTest market position, competitive constraints and any safe-harbour claim.
Primary authorities
Reviewed sources support orientation, not a fact-specific assessment.
Sources last checked:
PRC Anti-Monopoly LawNational People’s Congress
SAMR merger/conduct enforcement rules and caseswww.samr.gov.cn