Resale Price Maintenance And Vertical Territorial Restrictions

Author : Barbora Jedlicková
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 45,6 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 : Adina Claici,Denis Waelbroeck
Publisher : Kluwer Law International B.V.
Page : 156 pages
File Size : 52,6 Mb
Release : 2021-05-21
Category : Law
ISBN : 9789403532448

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Vertical Restraints in the Digital Economy by Adina Claici,Denis Waelbroeck Pdf

Vertical agreements between undertakings at the various levels of a supply chain have long been seen as a fundamental focus for antitrust legislation, such as the European Union’s Vertical Block Exemption Regulation (VBER). It goes without saying that such issues are particularly prevalent in digital markets. This authoritative commentary analyses the main restrictions in vertical agreements, emphasising the numerous new and contentious issues arising in the context of Internet distribution. It offers both legal and economic perspectives, as well as examines enforcement and possible changes to the legislation. The contributors – leading competition authority officials, lawyers, economists, and academics – provide in-depth discussions of topics that have emerged as areas for conscious policy choices, including the following: restrictions of online sales; price parity obligations; resale price maintenance; the duration of non-compete obligations; sustainability agreements; geo-blocking practices; and restraint of trade in pharmaceuticals. The contributions have emerged from the 2020 conference of the Global Competition Law Centre at the College of Europe in the context of the currently ongoing review of the VBER and vertical guidelines. With its multidisciplinary approach highlighting the efficiencies and harms caused by the restrictions at stake, this important book clearly shows how law and practice apply to specific issues relating to digital markets and how the law is likely to change in the near future. It will be of immeasurable value to lawyers and officials concerned with European competition law and academics in the field.

Author : Csongor István Nagy
Publisher : Routledge
Page : 240 pages
File Size : 53,7 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317140504

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EU and US Competition Law: Divided in Unity? by Csongor István Nagy Pdf

This book examines the structure of the rule on restrictive agreements in the context of vertical intra-brand price and territorial restraints, analysing, comparing and evaluating their treatment in US antitrust and EU competition law. It examines the concept of 'agreement' as the threshold question of the rule on restrictive agreements, the structure and focus of antitrust/competition law analysis, the treatment of vertical intra-brand price and territorial restrictions and their place in the test of antitrust/competition law. The treatment of vertical intra-brand restraints is one of the most controversial issues of contemporary competition law and policy, and there are substantial differences between the world's two leading regimes in this regard. In the US, resale price fixing merits an effects-analysis, while in the EU it is prohibited almost outright. Likewise, territorial protection is treated laxly in the US, while in the EU absolute territorial protection - due to the single market imperative - is strictly prohibited. Using a novel approach of legal analysis, this book will be of interest to academics and scholars of business and commercial law, international and comparative law.

Author : Frank Wijckmans,Filip Tuytschaever
Publisher : Oxford University Press, USA
Page : 428 pages
File Size : 43,5 Mb
Release : 2011-11-10
Category : Law
ISBN : 9780199696413

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Vertical Agreements in EU Competition Law by Frank Wijckmans,Filip Tuytschaever Pdf

Providing a detailed and practical analysis of the entire scope of the law relating to vertical agreements, including the new general block exemption regulations and the Vertical Guidelines, this book is an indispensible tool for all practitioners active in the drafting or reviewing of vertical agreements.

Author : Thomas R. Overstreet
Publisher : Unknown
Page : 220 pages
File Size : 52,5 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 : 48,6 Mb
Release : 1984
Category : Competition, Unfair
ISBN : MINN:31951D012233474

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Resale Price Maintenance by Thomas R. Overstreet Pdf

Author : Organisation for Economic Co-operation and Development
Publisher : OECD
Page : 252 pages
File Size : 47,9 Mb
Release : 1994
Category : Business & Economics
ISBN : UOM:39015032933379

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Competition Policy and Vertical Restraints by Organisation for Economic Co-operation and Development Pdf

Author : Martin Mendelsohn,Stephen Rose
Publisher : Kluwer Law International B.V.
Page : 304 pages
File Size : 43,5 Mb
Release : 2002-01-01
Category : Business & Economics
ISBN : 9789041198136

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Guide to the EU Block Exemption for Vertical Agreements by Martin Mendelsohn,Stephen Rose Pdf

The revised EC policy on the application of competition law to vertical agreements is one of the most important developments in EC anti-trust for many years. The block exemption regulation, which came into effect on 1 June 2000, and the accompanying policy changes are crucially important for companies doing business in the European Union. Whichever route a business chooses to get its products to market, it needs to understand the impact of the EC rules. This guide provides a comprehensive and practical commentary on the new rules. The work contains the full text of the block exemption regulation, accompanying guidelines and other relevant Commission notices. Issues covered include: background to EC competition law and its application to vertical agreements; in-depth analysis of the provisions of the block exemption regulation; examination of how the rules apply to exclusive distribution; and selective distribution, franchising and agency agreements. The authoritative and in-depth analysis of the guide will be invaluable to in-house counsel, business people and practitioners involved in or advising on the distribution of goods or services in the EU.

Author : Harding, Christopher,Cronin, Alison
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 51,5 Mb
Release : 2022-02-18
Category : Law
ISBN : 9781786439734

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Bad Business Practice by Harding, Christopher,Cronin, Alison Pdf

This cutting-edge book critically reviews the field of attempted legal control and regulation of delinquent conduct by business actors in the form of exploitative, collusive and corrupt behaviour. It explores key topics including victimhood, accountability, theories of trading, and shared responsibility.

Author : OECD
Publisher : OECD Publishing
Page : 32 pages
File Size : 54,6 Mb
Release : 2004-02-02
Category : Electronic
ISBN : 9789264026728

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Patents and Innovation Trends and Policy Challenges by OECD Pdf

Few systematic economic evaluations have been carried out on patent system to better inform policy choices. This report, which covers a range of areas, and highlights some issues that policy makers should address in the near future, including ...

Author : Basav Sen
Publisher : DIANE Publishing
Page : 97 pages
File Size : 52,9 Mb
Release : 1999-07
Category : Electronic
ISBN : 9780788175206

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Green Paper on Vertical Restraints in Ec Competition Policy by Basav Sen Pdf

Reviews EU policy towards vertical restraints -- agree. between producers & distributors that can be used pro-competitively to promote market integration & efficient dist. or anti-competitively to block integration & competition. Addresses the structure of distribution, economic analysis of vertical restraints & the internal market, current procedures & institutional framework, current rules for vertical restraints, & advantages of the present system. Makes a comparison of community law with member state & third country laws applicable to vertical restraints, examines the results of fact finding, & presents options based on the study analysis.

Author : Basil S. Yamey
Publisher : Unknown
Page : 200 pages
File Size : 41,9 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 : Canada. Competition Bureau
Publisher : Canadian Government Publishing
Page : 58 pages
File Size : 54,9 Mb
Release : 2000
Category : Intellectual property
ISBN : 066265224X

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Intellectual Property Enforcement Guidelines by Canada. Competition Bureau Pdf

Author : Sandra Marco Colino
Publisher : Bloomsbury Publishing
Page : 218 pages
File Size : 52,5 Mb
Release : 2010-01-02
Category : Law
ISBN : 9781847315618

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Vertical Agreements and Competition Law by Sandra Marco Colino Pdf

This book focuses on the current legal framework for vertical agreements in the EU and the US. Over the last ten years, antitrust rules governing these agreements have undergone thorough reform. In the EU, the old sector-specific block exemptions were replaced by Regulation 2790/99, applicable to all sectors of the economy. In addition, changes introduced to the procedural rules have led to the decentralisation of Article 81(3) and the removal of the notification requirement. In like manner, in the US the Supreme Court has gradually taken vertical restraints out of the per se illegality rule. What Sylvania achieved in placing non-price vertical restraints under the rule of reason in the late 1970s, the Khan judgment did for maximum resale price maintenance in 1997, whilst most recently and most significantly in 2007 the Leegin case followed suit for minimum resale price maintenance. The book is divided into four chapters. The first chapter considers the 'double nature' of vertical agreements and the regulatory dilemma. The second chapter explores the most influential economic theories underpinning current regulatory frameworks, and how these theories shape antitrust policy. The third chapter questions the adequacy of the current economic analysis in recent EU and US legislation and court decisions. The fourth chapter analyses how this maturing economic analysis can be reconciled with what commentators and regulators have identified as a key role for competition policy, redressing assumed imbalances between dealers and manufacturers. The author concludes by querying the prevailing logic of protecting sectoral interests above the competitive process.

Author : Roger D. Blair,D. Daniel Sokol
Publisher : Oxford Handbooks
Page : 665 pages
File Size : 54,6 Mb
Release : 2015
Category : Business & Economics
ISBN : 9780199388592

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The Oxford Handbook of International Antitrust Economics by Roger D. Blair,D. Daniel Sokol Pdf

More than any other area of regulation, antitrust economics shapes law and policy in the United States, the Americas, Europe, and Asia. In a number of different areas of antitrust, advances in theory and empirical work have caused a fundamental reevaluation and shift of some of the assumptions behind antitrust policy. This reevaluation has profound implications for the future of the field. The Oxford Handbook of International Antitrust Economics has collected chapters from many of the leading figures in antitrust. In doing so, this two volume Handbook provides an important reference guide for scholars, teachers, and practitioners. However, it is more than a merely reference guide. Rather, it has a number of different goals. First, it takes stock of the current state of scholarship across a number of different antitrust topics. In doing so, it relies primarily upon the economics scholarship. In some situations, though, there is also coverage of legal scholarship, case law developments, and legal policies. The second goal of the Handbook is to provide some ideas about future directions of antitrust scholarship and policy. Antitrust economics has evolved over the last 60 years. It has both shaped policy and been shaped by policy. The Oxford Handbook of International Antitrust Economics will serve as a policy and research guide of next steps to consider when shaping the future of the field of antitrust.