The Chinese NDRC fines a medical device manufacturer for resale price maintenance (Medtronic)

NDRC continues resale price maintenance crack down* On 5 December 2016, the National Development and Reform Commission (“NDRC“) – one of the three Chinese antitrust authorities – issued its decision fining the local unit of Medtronic, a U.S.-listed medical device maker, for resale price maintenance (“RPM“). Case summary Medtronic was found to maintain a distribution system for cardiovascular, rehabilitation therapy and diabetes medical devices in China, consisting of various tiers of distributors. NDRC held that Medtronic had engaged in RPM practices since 2014, including: Setting resale prices. For an unspecified type of product, Medtronic was found to set the resale prices for distributors at various tiers of the distribution system. For another unspecified type of product,