Resale Price Maintenance and Vertical Territorial Restrictions

Resale Price Maintenance and Vertical Territorial Restrictions PDF

Author: Barbora Jedlicková

Publisher: Edward Elgar Publishing

Published: 2016-03-25

Total Pages: 384

ISBN-13: 1783477741

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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.

Vertical Restraints in the Digital Economy

Vertical Restraints in the Digital Economy PDF

Author: Adina Claici

Publisher: Kluwer Law International B.V.

Published: 2021-05-21

Total Pages: 156

ISBN-13: 9403532440

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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.

EU and US Competition Law: Divided in Unity?

EU and US Competition Law: Divided in Unity? PDF

Author: Csongor István Nagy

Publisher: Routledge

Published: 2016-04-22

Total Pages: 240

ISBN-13: 1317140508

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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.

Vertical Agreements in EU Competition Law

Vertical Agreements in EU Competition Law PDF

Author: Frank Wijckmans

Publisher: Oxford University Press, USA

Published: 2011-11-10

Total Pages: 428

ISBN-13: 0199696411

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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.

Bad Business Practice

Bad Business Practice PDF

Author: Harding, Christopher

Publisher: Edward Elgar Publishing

Published: 2022-02-18

Total Pages: 296

ISBN-13: 1786439735

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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.

Guide to the EU Block Exemption for Vertical Agreements

Guide to the EU Block Exemption for Vertical Agreements PDF

Author: Martin Mendelsohn

Publisher: Kluwer Law International B.V.

Published: 2002-01-01

Total Pages: 304

ISBN-13: 904119813X

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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.

Distribution Law: Antitrust Principles & Practice, 3rd Edition

Distribution Law: Antitrust Principles & Practice, 3rd Edition PDF

Author: Banks

Publisher: Wolters Kluwer

Published: 2019-09-17

Total Pages: 2962

ISBN-13: 154381249X

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The cornerstone reference on antitrust issues that arise from distribution arrangements. Establish a sound manufacturer-distributor relationship in full compliance with federal and state antitrust law; understand enforcement factors and the effect of antitrust regulation on distributor behavior; handle pricing, vertical restraints, exclusivity, tying, and refusal to deal. For insightful analysis and practical guidance on the antitrust issues that arise from distribution arrangements, turn to Theodore Banks. With this unique resource you'll be able to prepare for, or even prevent, the antitrust-based disputes that all too often mar the manufacturer-distributor relationship. Distribution Law: Antitrust Principles and Practice, Third Edition shows you how to: Establish a sound manufacturer-distributor relationship in full compliance with federal and state antitrust law Understand enforcement factors and the effect of antitrust regulation on distributor behavior Handle problems arising from such areas as pricing, vertical restraints, exclusivity, tying, and refusal to deal. You will get factual analysis of virtually every significant distribution antitrust case. You will find in-depth, practical analysis of such specific issues as: lost profits, predatory pricing, market definition, antitrust damages, and judicial latitude in discovery. Note: Online subscriptions are for three-month periods. Previous Edition: Distribution Law: Antitrust Principles and Practice, Second Edition, ISBN: 9780735502680

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