Resale Price Maintenance: A Debate About Competition Policy in Europe?

European Competition Journal Vol. 479, 2009

European Competition Journal, volume 5, issue 2, 2015 [10.5235/ecj.v5n2.479]

28 Pages Posted: 5 Oct 2011 Last revised: 17 Jul 2024

See all articles by Alison Jones

Alison Jones

King's College London – The Dickson Poon School of Law

Date Written: 2009

Abstract

In June 2007, the US Supreme Court in Leegin Creative Leather Products Inc. v PSKS, Inc., DBA Kay's Kloset. Kay's Shoes overruled the nearly century old per se rule against RPM in the US, holding that such arrangements should be analysed under the rule of reason. This article considers whether developments in economic thinking, and the Supreme Court's Opinion in Leegin, might, or should, prompt a rethink or equivalent U-turn in competition policy towards RPM in the EU. The article commences by examining the arguments and factors which led the Supreme Court to overturn such an entrenched and long-standing rule against RPM. It then considers whether these factors, or other similar factors, might be influential in the development of EU competition policy.

Suggested Citation

Jones, Alison, Resale Price Maintenance: A Debate About Competition Policy in Europe? (2009). European Competition Journal Vol. 479, 2009, European Competition Journal, volume 5, issue 2, 2015 [10.5235/ecj.v5n2.479], Available at SSRN: https://ssrn.com/abstract=1932556 or http://dx.doi.org/10.5235/ecj.v5n2.479

Alison Jones (Contact Author)

King's College London – The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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