The Chinese High People’s Court in Hainan fines a company for anticompetitive distribution agreement and affirms the principle of prohibition to be applied on a case-by-case basis (Hainan Yutai Technology Feed)

I. Background Hainan Yutai Technology Feed Co., Ltd. (hereinafter referred to as 'Hainan Yutai') entered into agreements with its distributors in 2014 and 2015, pursuant to which it was agreed that “Party B (distributor) would maintain the confidentiality of Party A's (Hainan Yutai) discount standards, and that the sales price would be subject to Party A's recommended prices; otherwise, Party A has the right to reduce its discounts.” The Price Bureau of Hainan Province (hereinafter referred to as “the Price Bureau”) considered that such agreement was in violation of Article 14(1) of the Anti-monopoly Law of the People's Republic of China, constituting a vertical monopoly agreement 'fixing the resale prices of products to third parties' (hereinafter referred to as “resale price

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  • Gaopeng & Partners (Beijing)

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Gao Liang, The Chinese High People’s Court in Hainan fines a company for anticompetitive distribution agreement and affirms the principle of prohibition to be applied on a case-by-case basis (Hainan Yutai Technology Feed), 21 December 2017, e-Competitions December 2017, Art. N° 86245

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