Why the courts and the NDRC disagree over price fixing
February 22, 2013 | BY
clpstaff &clp articlesAs the NDRC becomes more aggressive in its price fixing enforcement, businesses in China are waiting for an appeal decision in a case where a Shanghai court has taken a different approach to the Commission's
Share:
An appeal of the high-profile case involving Rainbow Medical and Johnson & Johnson is now pending before the Shanghai Higher People's Court.
During the first instance at the Shanghai Intermediate People's Court, the judge ruled against Rainbow for failing to meet the burden of proof that the agreement between J&J and Rainbow had restricted or eliminated competition, which meant that the contract between the two parties was not part of a monopolistic agreement.