Resale Price Maintenance in EC Competition Law: The Need for a Standardised Approach
Frederik Van Doorn
Utrecht University - School of Law
November 6, 2009
The paper addresses the paradox that, although it is generally recognised among economists that minimum and fixed resale price maintenance can have both positive and negative effects on consumer welfare, the current approach under EC competition law can still be characterised as a de facto per se prohibition. It is argued that excluding minimum and fixed resale price maintenance from the category of hardcore restrictions is undesirable, because this would substantially increase regulation costs. The current regime is moreover satisfactory because it leaves sufficient room to argue that a specific agreement entailing RPM should not be considered an infringement of competition law.
Number of Pages in PDF File: 28
Keywords: resale price maintenance, competition law, law and economics
JEL Classification: K21, K4, L42, L51
Date posted: November 6, 2009 ; Last revised: November 9, 2009
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