Private Labels, Brands and Competition Policy: The Changing Landscape of Retail Competition

The growing use of private labels in recent years has affected significantly the landscape of retail competition, with major retailers no longer being confined to their traditional role as purchasers and distributors of branded goods. By selling their own-label products within their outlets they are competing with their upstream brand suppliers for sales and shelf space. This unique relationship, and the continued strengthening of private labels, raises important questions as to their pro-competitive effects and possible negative effects. This book provides an in-depth review of the range of competitive and intellectual property issues raised in connection with private brands in Europe and the US. It examines the development of private labels and their impact on retail competition, then moves on to focus on policy and question the adequacy of current economic and legal analysis in light of the characteristics of own-label competition, and finally it presents a thorough evaluation of the legal issues in the field, including chapters on horizontal and vertical effects, dominance, mergers and acquisitions, intellectual property, copycat packaging and consumer welfare. The book contains a collection of essays reflecting the debate on the impact of private labels upon competition, investment and innovation in the retail sector. The ideas and arguments underlying the articles have been developed through a series of seminars held in the Oxford Centre for Competition Law and Policy over the last three years. Participants in these seminars have included competition officials, law academics, practitioners and representatives from industry. Contributors to this volume - Dick Bell, Oxford Institute of Retail Management Ulf Bernitz, School of Law, Stockholm University and Director of the Oxford/Stockholm Wallenberg Venture in European Law at the Institute of European and Comparative Law, University of Oxford Terry Calvani, Of Counsel, Freshfields Bruckhaus Deringer LLP Ratula Charkaborty, The Business School, Loughborough University Paul W Dobson, The Business School, Loughborough University Ariel Ezrachi, Director, The University of Oxford Centre for Competition law and Policy, Faculty of Law, University of Oxford Andres Font Galarza, Partner, Mayer Brown LLP David Gilo, Faculty of Law, Tel Aviv University Alistair Gorrie, Partner, Orrick, Herrington & Sutcliffe LLP Gundula Grewe, Faculty of Marketing, University of Hagen Richard Herbert, Global Insight and Development Director, Europanel Pieter Kuipers, Deputy General Cousel Europe, Unilever Ioannis Lianos, Faculty of Laws, University College London Philip Marsden, Director, Competition Law Forum, British Institute of International and Comparative Law Renato Nazzini, School of Law, University of Southampton Rainer Olbrich, Faculty of Marketing, University of Hagen Ruth Orenstrat, Faculty of Marketing, University of Hagen John Ratliff, Partner, Wilmer Cutler Pickering Hale and Dorr LLP Jonathan Reynolds, Said Business School, University of Oxford Jeffrey Schmidt, Director, Bureau Competition, US FTC Howard Smith, Department of Economics, University of Oxford Robert L Steiner, Economic Consultant and former Economist, US FTC John Thanassoulis, Department of Economics, University of Oxford Peter Whelan, Competition Law Forum, British Institute of International and Comparative Law