The Shanghai Court’s Position on Resale Price Maintenance in the J&J Vertical Price-Fixing Litigation* On 18 May 2012, the Shanghai No. 1 Intermediate People’s Court (‘Shanghai Court’) dismissed allegations that Johnson & Johnson Medical (China) Ltd. and its Shanghai branch had set a minimum resale price in beach of China’s Anti-Monopoly Law (‘AML’) and rejected the plaintiff’s claim of damages of CNY 14.4 million (‘J&J RPM case’). It is understood that the plaintiff has filed an appeal to the Shanghai High People’s Court. The Shanghai Court said that a plaintiff must meet three criteria in order to establish an antitrust injury and claim damages, including: (1) the defendant engaged in monopoly conduct; (2) the plaintiff suffered losses; and (3) a causal link must be established
The Chinese Intermediate Court of Shanghai dismisses allegations of vertical price-fixing against medical equipments company (Johnson & Johnson)
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