The Free Rider Rationale and Vertical Restraints Analysis Reconsidered

56 Antitrust Law Journal 1987

11 Pages Posted: 21 Apr 2023

Date Written: April 14, 2023

Abstract

My assignment is to discuss some of the recent economic research on vertical restraints and, in particular, to examine what economists have been saying about the free rider rationale for vertical restraints. I will focus my remarks on those vertical restraints that are generally referred to as intrabrand restraints, where the immediate purpose and effect of the restraint is to insulate the dealer or distributor of a particular brand from intrabrand competition, at least to some degree. prominent examples include exclusive territories, location and customer clauses, and resale price maintenance.

Keywords: vertical restraints, free rider rationale, intrabrand restraints, intrabrand competition, exclusive territories, location clauses, customer clauses, resale price maintenance

Suggested Citation

Hay, George Alan, The Free Rider Rationale and Vertical Restraints Analysis Reconsidered (April 14, 2023). 56 Antitrust Law Journal 1987, Available at SSRN: https://ssrn.com/abstract=4419206

George Alan Hay (Contact Author)

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

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