Resale Price Maintenance: Explaining the Controversy, and Small Steps
Towards a More Nuanced Policy

Posted: 12 Mar 2012  

Matthew R. Bennett

affiliation not provided to SSRN

Amelia Fletcher

Fleetbank House - Office of Fair Trading

Emanuele Giovannetti

Anglia Ruskin University - Institute for International Management Practice, LAIBS

David Stallibrass

affiliation not provided to SSRN

Date Written: 2010

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.

Keywords: Competition Policy, RPM, Resale Price Maintenance

JEL Classification: L42, D02, K21

Suggested Citation

Bennett, Matthew R. and Fletcher, Amelia and Giovannetti, Emanuele and Stallibrass, David, Resale Price Maintenance: Explaining the Controversy, and Small Steps Towards a More Nuanced Policy (2010). Fordham International Law Journal, Vol. 33, 2010. Available at SSRN: https://ssrn.com/abstract=2019724

Matthew R. Bennett

affiliation not provided to SSRN ( email )

Amelia Fletcher

Fleetbank House - Office of Fair Trading ( email )

2-6 Salisbury Square
London, EC4Y 8JX
United Kingdom

Emanuele Giovannetti (Contact Author)

Anglia Ruskin University - Institute for International Management Practice, LAIBS ( email )

East Road
Cambridge, Cambridgeshire CB1 1PT
United Kingdom

HOME PAGE: http://anglia.ac.uk/ruskin/en/home/faculties/aibs/staff_profiles/all_staff/emanuele_giovannetti.html

David Stallibrass

affiliation not provided to SSRN ( email )

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