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Resale price maintenance: Explaining the controversy, and small steps towards a more nuanced policy

Author

Listed:
  • Bennett, Matthew
  • Fletcher, Amelia
  • Giovannetti, Emanuele
  • Stallibrass, David

Abstract

The paper sets out why we consider that the legal framework in the EU amplifies what are in reality relatively small differences in thinking around RPM. Primarily, this is because it asks economists, in the name of legal certainty, to draw a false dichotomy between agreements and practices which are harmful and those which are beneficial. We then provide a summary of the literature on RPM and, based on this thinking, set out a few small steps that might be taken towards a more nuanced approach to assessing RPM, within a 'presumed illegality' framework without sacrificing the beneficial legal certainty that the current approach brings.

Suggested Citation

  • Bennett, Matthew & Fletcher, Amelia & Giovannetti, Emanuele & Stallibrass, David, 2010. "Resale price maintenance: Explaining the controversy, and small steps towards a more nuanced policy," MPRA Paper 21121, University Library of Munich, Germany.
  • Handle: RePEc:pra:mprapa:21121
    as

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    File URL: https://mpra.ub.uni-muenchen.de/21121/1/MPRA_paper_21121.pdf
    File Function: original version
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    References listed on IDEAS

    as
    1. Howard P. Marvel & Stephen McCafferty, 1984. "Resale Price Maintenance and Quality Certification," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 346-359, Autumn.
    2. Patrick Rey & Thibaud Vergé, 2004. "Bilateral Control with Vertical Contracts," RAND Journal of Economics, The RAND Corporation, vol. 35(4), pages 728-746, Winter.
    3. Patrick Rey & Thibaud Verge, 2002. "Resale Price Maintenance and Horizontal Cartel," The Centre for Market and Public Organisation 02/047, Department of Economics, University of Bristol, UK.
    4. Dobson, Paul W. & Waterson, Michael, 2007. "The competition effects of industry-wide vertical price fixing in bilateral oligopoly," International Journal of Industrial Organization, Elsevier, vol. 25(5), pages 935-962, October.
    Full references (including those not matched with items on IDEAS)

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    Cited by:

    1. Emanuele Giovannetti & Laura Magazzini, 2013. "Resale Price Maintenance: An Empirical Analysis of UK Firms' Compliance," Economic Journal, Royal Economic Society, vol. 123(11), pages 582-595, November.
    2. Elif Cemre Hazıroğlu & Semih Gökatalay, 2016. "Minimum resale price maintenance in EU in the aftermath of the US Leegin decision," European Journal of Law and Economics, Springer, vol. 42(1), pages 45-71, August.

    More about this item

    Keywords

    Competition Policy; RPM; Resale Price Maintenance;

    JEL classification:

    • L42 - Industrial Organization - - Antitrust Issues and Policies - - - Vertical Restraints; Resale Price Maintenance; Quantity Discounts
    • D02 - Microeconomics - - General - - - Institutions: Design, Formation, Operations, and Impact
    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law

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