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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.

Decision railrelationship → price vs non-price restraint → evidence of pressure → market context → contract fix → monitor
See routing facts

Direct answer

What this page decides

Owner
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.

Facts that change the next investigation route
QuestionWhy it mattersNext 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

Whosuppliers and distributors on China channel policy.
Owns AT03 + AT04.
Supporting/china-antitrust-vertical-rpm-distribution.

Practical workflow

Action, evidence, legal gate, output

Practical workflow
ActionDocuments / evidenceLegal gateOutput
Map the channelAgreements, platforms, incentivesVertical vs horizontalMap
Screen pricing toolsPrice lists, WeChat, rebate rules, MAPFixed/min vs recommendedRPM screen
Screen non-price restraintsExclusivity, territory, MFN, onlineMarket context with counselRestraint list
Fix contracts and playbooksTemplates, sales scriptsDo not coach ‘unofficial’ floorsRemediation

Documents

What to gather before the next call

These items help clarify the file; they are not a legal requirement list.

Documents to gather before instructing counsel
ItemWhy neededWho holds itRisk if missing
Distribution agreementsWritten restraintsLegalHidden WeChat policy
Incentive and rebate rulesPrice pressureSales opsRPM by bonus design
Monitoring reportsEnforcement of floorsChannelEvidence of pressure

Common failure points

Where files usually break

  1. ‘Recommended’ prices with delisting for discounters.

  2. Treating RPM as a third-party ABAC issue only.

  3. 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.

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 guides

Counsel hand-off

Need competition counsel?

This hub organises transaction, conduct and investigation routes. It is not a filing decision.

Find competition counsel

Submit an initial enquiry

Need qualified counsel?

Move carefully. Move with a record.

Use the portal to identify counsel for this practice and related China-side issues.