Volume 38 (2015) / Issue 2
RPM can be both beneficial and harmful to competition in various circumstances. RPM has been scrutinized with the subject of private litigation in the US, the EU and China regarding whether RPM is per se illegal or subject to the rule of reason. China's dual-mode regulatory scheme provokes more challenges and further complicates foreign companies' global expansion strategies. Following a review of the US and EU approaches to RPM, the article examines the landmark case of Ruibang v. J&J, which provides clarity and in-depth guidance on the unique Chinese system. It is argued that these administrative and legal uncertainties may not be addressed until a new judicial interpretation is provided by the Supreme People's Court.
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