The compilation of antitrust rules also includes the Antitrust Guidelines for the Use of Intellectual Property Rights (the IPR guidelines).
Similar to the auto guidelines, the IPR guidelines set at 30% market share safe harbour for vertical agreements. The IPR guidelines also put forward a 20% market share safe harbour for horizontal agreements. It should, however, be noted, that both safe harbours only apply to conduct not specifically prohibited by the Anti-Monopoly Law (AML), hence cartel-types of agreements and resale price maintenance (RPM) cannot benefit from these safe harbours.
Overall, the IPR guidelines are less prescriptive, compared with the auto guidelines. Rather than determining that specific types of conduct can be illegal, the IPR guidelines put forward the analysis framework, and identify factors that should be considered in the analysis, often recognizing that conduct can be pro or anti-competitive, depending on the underlying circumstances.
Business Law Digest is compiled with the assistance of Baker McKenzie. Readers should not act on this information without seeking professional legal advice. You can contact Baker McKenzie by e-mailing Danian Zhang (Shanghai) at firstname.lastname@example.org