Posted: 12 Mar 2012
Date Written: 2010
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: 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