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Resale Price Maintenance in EC Competition Law: The Need for a Standardised Approach

28 Pages Posted: 6 Nov 2009 Last revised: 9 Nov 2009

Frederik van Doorn

Utrecht University - School of Law

Date Written: November 6, 2009

Abstract

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.

Keywords: resale price maintenance, competition law, law and economics

JEL Classification: K21, K4, L42, L51

Suggested Citation

van Doorn, Frederik, Resale Price Maintenance in EC Competition Law: The Need for a Standardised Approach (November 6, 2009). Available at SSRN: https://ssrn.com/abstract=1501070 or http://dx.doi.org/10.2139/ssrn.1501070

Frederik Van Doorn (Contact Author)

Utrecht University - School of Law ( email )

Achter Sint Pieter 200
3512 HT Utrecht
Netherlands

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