China's Take On Take-Or-Pay, Most-Favored-Nation Clauses

By Chang Gao, Guizhen Han and Xingmeng Wan (July 3, 2019, 12:16 PM EDT) -- On April 29, 2019, China's State Administration for Market Regulation published the Shanghai Administration for Market Regulation's penalty decision[1] of Eastman (China) Investment Management Co. Ltd. In this case, Eastman was fined 24 million yuan, for abusing its market dominant position to restrict its counterparties to deal exclusively with itself without justifiable reason, and therefore violated the Anti-Monopoly Law of China....

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