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Tetra Pak Receives SAIC's Severest Antitrust Penalty

Author::Michael Gu, Sun Sihu浏览次数: Jan 18,2017

Authored by Mr. Michael Gu (Partner  at AnJie Law Firm) and Ms. Sun Sihui

Introduction

On November 9 2016, after a nearly five-year investigation, the State Administration for Industry and Commerce (SAIC) finally concluded the Tetra Pak case. The SAIC's landmark decision:

  • imposed a Rmb667,724,176.88 (approximately $97 million) penalty on Tetra Pak – equivalent to 7% of the Swiss packaging giant's 2011 China sales – for its abuse of a dominant position in China; and
  • ordered Tetra Pak to cease its illegal conduct.

This is the largest antitrust fine ever imposed by the SAIC and the second largest penalty imposed in China's eight-year antitrust law enforcement history (the Rmb6.088 billion ($975 million) penalty imposed on Qualcomm in 2015 by the National Development and Reform Commission of China remains the largest). Six affiliated companies of Tetra Pak were involved in the case

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