The Beijing High Court rejects an appeal in China’s first follow-on private action against six infant formula suppliers for engaging in resale price maintenance (Junwei Tian / Carrefour / Abbott)

In one of the most notable decisions at the end of last year, the Beijing High Court rejected an appeal in China’s first follow-on private action in Junwei Tian v. Beijing Carrefour Shuangjing Store and Abbott Shanghai. The claim followed the decision in 2013 of China’s National Development and Reform Commission (NDRC) to fine six infant formula suppliers, including Abbott, for engaging in resale price maintenance (RPM). Three other companies were granted immunity from fines. The Beijing High Court’s ruling, handed down in August 2016 but published in November 2016, confirms the judgment of the court of first instance and is instructive for two main reasons. First, it is the first published judgment in China involving a follow-on private action. Second, it sets a high burden for

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Authors

  • Freshfields Bruckhaus Deringer (Hong Kong)
  • Freshfields Bruckhaus Deringer (London)
  • Freshfields Bruckhaus Deringer (Hong Kong)
  • Freshfields Bruckhaus Deringer (London)

Quotation

Alastair Mordaunt, Nicholas French, Ninette Dodoo, Lisa Eger, The Beijing High Court rejects an appeal in China’s first follow-on private action against six infant formula suppliers for engaging in resale price maintenance (Junwei Tian / Carrefour / Abbott), 22 August 2016, e-Competitions August 2016, Art. N° 94653

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