Resale Price Maintenance And The Law

Author : Barbora Jedlicková
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 47,8 Mb
Release : 2016-03-25
Category : Law
ISBN : 9781783477746

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Resale Price Maintenance and Vertical Territorial Restrictions by Barbora Jedlicková Pdf

Theoretical discussions among competition lawyers and economists on the approach to Resale resale Price price Maintenance maintenance (RPM) and Vertical vertical Territorial territorial Restrictions restrictions (VTR) have often caused controversy. However, commentators agree that there is a lack of comprehensive study surrounding the topic. This book explores these two forms of anticompetitive conduct from legal, historical, economical, and theoretical points of view, focusing on the EU and US experiences. The author expertly goes beyond the current legal practice to explain, among other things, what approach should apply to RPM and VTR, and why RPM and VTR are introduced in situations where procompetitive theories would not make economic sense, or do not apply in practice. The book takes account of economic values, such as efficiency and welfare, as well as other values, such as freedom, fairness and free competition. Scholars and students of law will find the book’s depth of legal, economic and historical analysis to be a rich contribution to the scholarship. This book will also be of use to EU and US practitioners, and enforcers dealing with RPM and VTR cases.

Author : Thomas R. Overstreet
Publisher : Unknown
Page : 220 pages
File Size : 49,5 Mb
Release : 1984
Category : Competition, Unfair
ISBN : UCR:31210008191593

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Resale Price Maintenance by Thomas R. Overstreet Pdf

Author : Thomas R. Overstreet
Publisher : Unknown
Page : 220 pages
File Size : 44,5 Mb
Release : 1984
Category : Competition, Unfair
ISBN : MINN:31951D012233474

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Resale Price Maintenance by Thomas R. Overstreet Pdf

Author : Basil S. Yamey
Publisher : Unknown
Page : 200 pages
File Size : 55,9 Mb
Release : 1954
Category : Price maintenance
ISBN : UOM:39015020923184

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The Economics of Resale Price Maintenance by Basil S. Yamey Pdf

Author : Jeremy Lever
Publisher : Unknown
Page : 167 pages
File Size : 49,5 Mb
Release : 1964
Category : Price maintenance
ISBN : LCCN:nun00466703

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The Law of Restrictive Practices and Resale Price Maintenance by Jeremy Lever Pdf

Author : Gregory Gundlach,Riley T. Krotz
Publisher : Createspace Independent Publishing Platform
Page : 204 pages
File Size : 40,8 Mb
Release : 2016-03-17
Category : Electronic
ISBN : 1523855614

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Resale Price Maintenance After Leegin by Gregory Gundlach,Riley T. Krotz Pdf

Resale price maintenance (RPM) is a controversial pricing practice for managing retail distribution channels. In Leegin Creative Leather Products, Inc. v. PSKS, Inc. (2007), the Supreme Court abolished a nearly century-old per se rule against RPM established in Dr. Miles Medicine Co. v. John D. Park & Sons (1911). Henceforth, RPM will be judged under federal antitrust law by the rule of reason - a less restrictive standard that requires courts to weigh all the relevant circumstances of a case to assess whether a practice unreasonably restrains trade. Despite that the decision in Leegin leaves many unanswered questions, the decision has prompted an increasing number of consumer goods manufacturers to adopt RPM in the management of their retailer relationships. Recently, the widespread use of restrictive pricing practices in the retail distribution of contact lenses has drawn attention and elevated debate over the practice. Pending lawsuits in the industry have been identified as an important "test case" for antitrust's new vertical pricing regime following Leegin. Drawing upon relevant literatures from law, economics, and business, together with publically available information, important questions in the debate and related cases that share significance for scholarship and practice are elaborated upon and examined. We hope this examination reveals insights helpful to understanding the antitrust implications of contact lens manufacturers' pricing practices and for advancing academic knowledge, marketing practice, and competition policy involving RPM.

Author : Christy Kollmar
Publisher : Taylor & Francis
Page : 290 pages
File Size : 51,8 Mb
Release : 2023-03-31
Category : Law
ISBN : 9781000858501

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Resale Price Maintenance and the Law by Christy Kollmar Pdf

The question of how to properly enforce against RPM has been a contentious debate for decades on both sides of the Atlantic. The catalyst is the acceptance that RPM can generate both anti-competitive effects and pro-competitive efficiencies that need to be properly balanced to ensure against Type I/Type II errors and to create viable legislation. Part I focuses on 100 years of US origins and the current legal approach to VR enforcement, which reveals the precedent responsible for the transition between per se illegality and the rule of reason thresholds at the federal level. Nine anti-competitive and 19 pro-competitive theoretical models are also introduced to clearly demonstrate the true nonconsensus existent between economists as to whether RPM is deleterious enough to justify a stringent approach to RPM regulation. Part II closely examines the EU origins and current legal structure, where RPM has maintained its hardcore by-object designation pursuant to Art. 101(1) TFEU with the consequence of having no safe harbours, no applicability of the De Minimus Doctrine, an onerous negative rebuttable presumption, non-severability of the agreement and almost no chance of obtaining an exemption under Art. 101(3). This is exacerbated by the EC’s lack of guidance on how to prove all conditions necessary for an Art. 101(3) exemption and when a vertical arrangement actually escapes Art. 101(1) applicability. The aim of this book is to examine the economic models, historical origins and legal structures of the US/EU regimes to develop proposals on how to modify the EU’s current legal structure to ensure proper enforcement of RPM behaviour that actually enhances legal certainty through a more aligned approach at the national level. Part III proposes five solutions which scrutinise the concepts of appreciability, hardcore and by-object restraints, to implement modifications to EU’s current legal framework to ensure RPM receives reasonable and equitable treatment in line with economic theory.

Author : Roger D. Blair,David L. Kaserman
Publisher : Academic Press
Page : 224 pages
File Size : 46,8 Mb
Release : 2014-05-10
Category : Business & Economics
ISBN : 9781483261096

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Law and Economics of Vertical Integration and Control by Roger D. Blair,David L. Kaserman Pdf

Law and Economics of Vertical Integration and Control focuses on the processes, methodologies, and approaches involved in the law and economics of vertical integration and control. The publication first elaborates on transaction costs, fixed proportions and contractual alternatives, and variable proportions and contractual alternatives. Discussions focus on sales revenue royalties, ownership integration, output royalties, important product-specific services, successive monopoly, advantages and limitations of internal transfers, and transaction cost determinants. The text then examines vertical integration under uncertainty and vertical integration without contractual alternatives. The book ponders on legal treatment of ownership integration and per se illegal contractual controls. Topics include tying arrangements, public policy assessment, resale price maintenance, vertical integration and the Sherman Act, market foreclosure doctrine, and the 1982 Merger Guidelines. The text also takes a look at contractual controls that are not illegal per se, alternative legal rules, and antitrust policy. The publication is a dependable reference for researchers interested in the law and economics of vertical integration and control.

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher : Unknown
Page : 68 pages
File Size : 45,6 Mb
Release : 1937
Category : Electronic
ISBN : STANFORD:36105045471971

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Resale Price Maintenance by United States. Congress. Senate. Committee on the Judiciary Pdf

Author : Harry S. Kantor
Publisher : Forgotten Books
Page : 146 pages
File Size : 44,5 Mb
Release : 2017-11-19
Category : Business & Economics
ISBN : 026055992X

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Resale Price Maintenance Legislation in the United States (Classic Reprint) by Harry S. Kantor Pdf

Excerpt from Resale Price Maintenance Legislation in the United States The state which has enacted the most comprehensive legislation of all 13 California, which had added a law prohibiting sale below cost to its Fair Trade Law and its statute forbidding discriminatory discounts. The new law applies to all sales. Its price floor is not defined as clearly as that of the Retail Drug Control Act of Connecticut. The loss limitation act is stated to be an emergency measure, protecting manufacturers and distributors from bankruptcy caused by competitive sales at less than cost. Resale of liquidation stocks is so circumscribed as to prevent the disruption of a market with goods bought at distress prices. The California law prohibiting sale below cost is therefore a generalized enactment of all code provisions on cost protection. It is narrower in that it applies only, to intrastate transactions, and broader in that it includes even those industries which did not have cost protection in their codes. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Author : United States. Federal Trade Commission
Publisher : Unknown
Page : 936 pages
File Size : 51,6 Mb
Release : 1945
Category : Price maintenance
ISBN : MINN:31951001764119B

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Report of the Federal Trade Commission on Resale Price Maintenance by United States. Federal Trade Commission Pdf

Author : Frederik van Doorn
Publisher : Unknown
Page : 120 pages
File Size : 41,5 Mb
Release : 2010
Category : Electronic
ISBN : 9052131902

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Resale Price Maintenance in EC Competition Law by Frederik van Doorn Pdf

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee No. 3
Publisher : Unknown
Page : 224 pages
File Size : 52,5 Mb
Release : 1937
Category : Prices
ISBN : STANFORD:36105119565583

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Resale Price Maintenance by United States. Congress. House. Committee on the Judiciary. Subcommittee No. 3 Pdf

Author : Aurelien Portuese
Publisher : Springer Nature
Page : 182 pages
File Size : 44,7 Mb
Release : 2022-01-21
Category : Law
ISBN : 9783030858599

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Algorithmic Antitrust by Aurelien Portuese Pdf

Algorithms are ubiquitous in our daily lives. They affect the way we shop, interact, and make exchanges on the marketplace. In this regard, algorithms can also shape competition on the marketplace. Companies employ algorithms as technologically innovative tools in an effort to edge out competitors. Antitrust agencies have increasingly recognized the competitive benefits, but also competitive risks that algorithms entail. Over the last few years, many algorithm-driven companies in the digital economy have been investigated, prosecuted and fined, mostly for allegedly unfair algorithm design. Legislative proposals aim at regulating the way algorithms shape competition. Consequently, a so-called “algorithmic antitrust” theory and practice have also emerged. This book provides a more innovation-driven perspective on the way antitrust agencies should approach algorithmic antitrust. To date, the analysis of algorithmic antitrust has predominantly been shaped by pessimistic approaches to the risks of algorithms on the competitive environment. With the benefit of the lessons learned over the last few years, this book assesses whether these risks have actually materialized and whether antitrust laws need to be adapted accordingly. Effective algorithmic antitrust requires to adequately assess the pro- and anti-competitive effects of algorithms on the basis of concrete evidence and innovation-related concerns. With a particular emphasis on the European perspective, this book brings together experts and scrutinizes on the implications of algorithmic antitrust for regulation and innovation.

Author : United States. Congress. House. Committee on the Judiciary
Publisher : Unknown
Page : 80 pages
File Size : 48,5 Mb
Release : 1952
Category : Antitrust law
ISBN : STANFORD:36105063146919

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Amending the Sherman Act with Respect to Resale Price Maintenance by United States. Congress. House. Committee on the Judiciary Pdf