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Resale Price Maintenance and Vertical Territorial Restrictions

Theory and Practice in EU Competition Law and US Antitrust Law Barbora Jedlicková, TC Beirne School of Law, The University of Queensland, Australia
Theoretical discussions among competition lawyers and economists on the approach to Resale Price Maintenance (RPM) and Vertical Territorial 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.
Extent: 384 pp
Hardback Price: $150.00 Web: $135.00
Publication Date: 2016
ISBN: 978 1 78347 773 9
Availability: In Stock
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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.

‘Dr Jedlicková offers a fresh and much-needed insight on the law of resale price maintenance. She presents a sophisticated analysis of the relevant legislation and case law within a wider socio-economic contextual approach in which the very ‘justice’ of the various possible approaches is discussed. Competition lawyers, competition economists, and policy-makers will find arguments here that challenge assumptions, and analysis which is robust and pertinent. This is a valuable contribution to our understanding of resale price maintenance in particular, and vertical restraints in general.’
– Mark Furse, University of Glasgow, UK
Contents: 1. Introduction 2. Distribution and Competition 3. US Development, Case Studies and Summaries 4. EU Development, Case Studies and Summaries 5. Theories and Impacts of RPM and VTR on Competition 6. Jurisprudential Arguments and the Economic Concept of RPM and VTR 7. Conclusion Bibliography Index