Vertical restraints · 03 Editorial guide
Resale Price Maintenance and Vertical Restraints in China
Distribution, pricing and platform-rule questions down the supply chain.
First job Map the distribution relationship and the restraint being used.
Direct answer
What this page decides
01
This page owns AT03 RPM and AT04 other vertical restraints. Fixed or minimum resale prices, and pressure that has the same effect, are the pricing file. Recommended prices are not automatically safe. Exclusivity, territory, customer, MFN, online-sales and platform rules are the rest of the vertical matrix. Distributor incentive design that is really a kickback belongs to Investigations IC07/IC01. Contract drafting of a distribution agreement belongs to Contracts. Do not invent a market-share safe harbour.
At a glance
Which fact changes the next route
Use the fact that changes ownership or urgency to decide the next move.
| Question | Why it matters | Next route |
|---|---|---|
| Minimum or fixed resale price? | RPM core. | This page; /china-antitrust-vertical-rpm-distribution |
| Recommended price plus monitoring? | May still be RPM in effect. | Evidence of pressure. |
| Exclusivity / MFN / no-online? | Vertical non-price. | Matrix below. |
| Kickback or UBO issue? | Not antitrust first. | Third-party diligence L4. |
Scope
What this page owns — and what it does not
Practical workflow
Action, evidence, legal gate, output
| Action | Documents / evidence | Legal gate | Output |
|---|---|---|---|
| Map the channel | Agreements, platforms, incentives | Vertical vs horizontal | Map |
| Screen pricing tools | Price lists, WeChat, rebate rules, MAP | Fixed/min vs recommended | RPM screen |
| Screen non-price restraints | Exclusivity, territory, MFN, online | Market context with counsel | Restraint list |
| Fix contracts and playbooks | Templates, sales scripts | Do not coach ‘unofficial’ floors | Remediation |
Documents
What to gather before the next call
These items help clarify the file; they are not a legal requirement list.
| Item | Why needed | Who holds it | Risk if missing |
|---|---|---|---|
| Distribution agreements | Written restraints | Legal | Hidden WeChat policy |
| Incentive and rebate rules | Price pressure | Sales ops | RPM by bonus design |
| Monitoring reports | Enforcement of floors | Channel | Evidence of pressure |
Common failure points
Where files usually break
‘Recommended’ prices with delisting for discounters.
Treating RPM as a third-party ABAC issue only.
Copying EU block-exemption percentages into a China policy.
FAQ
Narrow follow-ups owned by this page
Is recommended resale pricing RPM?
Not automatically. Monitoring, incentives and punishment can turn it into a minimum-price system. The supporting screen is the decision tool.
Quick answers
Need the short version? Start with one narrow question.
These explainers answer one question. They do not replace this topic route or a deep guide.
Curated resources
Open the asset that matches this job.
Counsel hand-off
What to bring when you instruct
Instruct antitrust counsel. Bring: agreements, price lists, rebate policy, and any WeChat where sales ‘asked’ distributors not to discount.
Local context
Add the city only when it changes implementation.
Local SAMR practice can matter after the national question is identified.
Open city and province guidesCounsel hand-off
Need competition counsel?
This hub organises transaction, conduct and investigation routes. It is not a filing decision.
Find competition counselLegal review
Who reviewed this guide
Need qualified counsel?
Move carefully. Move with a record.
Use the portal to identify counsel for this practice and related China-side issues.