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题名/责任者:

Resale price maintenance and the law : the future of vertical restraints / Christy L. Kollmar.

出版发行项:

Abingdon, Oxon ; New York, NY : Routledge, 2023.

ISBN:

9781032315485

ISBN:

1032315482

ISBN:

9781032315522

ISBN:

1032315520

载体形态项:

xiv, 425 pages ; 24 cm

其他载体形态:

Online version: Kollmar, Christy L. Resale price maintenance and the law Abingdon, Oxon [UK] ; New York, NY : Routledge, 2023 9781003310259

个人责任者:

Kollmar, Christy L., author.

论题主题:

Price maintenance-Law and legislation.

中图法分类号:

D912.294

书目附注:

Includes bibliographical references and index.

内容附注:

The legal and political origins of RPM-United States -- The economics of vertical agreements-background -- The economics of vertical agreements-models -- The legal and political origins of RPM-European Union -- The legal concepts of by-object, by-effect and appreciability -- Proposals and solutions.

摘要附注:

"The question of how to properly enforce against RPM has been a contentious debate for decades on both sides of the Atlantic. The catalyst is the acceptance that RPM can generate both anti-competitive effects and pro-competitive efficiencies that need to be properly balanced to ensure against Type I/Type II errors and to create viable legislation. Part I focuses on 100 years of US origins and the current legal approach to VR enforcement, which reveals the precedent responsible for the transition between per se illegality and the rule of reason thresholds at the federal level. Nine anti-competitive and 19 pro-competitive theoretical models are also introduced to clearly demonstrate the true nonconsensus existent between economists as to whether RPM is deleterious enough to justify a stringent approach to RPM regulation. Part II closely examines the EU origins and current legal structure, where RPM has maintained its hardcore by-object designation pursuant to Art. 101(1) TFEU with the consequence of having no safe harbours, no applicability of the De Minimus Doctrine, an onerous negative rebuttable presumption, non-severability of the agreement and almost no chance of obtaining an exemption under Art. 101(3). This is exacerbated by the EC's lack of guidance on how to prove all conditions necessary for an Art. 101(3) exemption and when a vertical arrangement actually escapes Art. 101(1) applicability. The aim of this book is to examine the economic models, historical origins and legal structures of the US/EU regimes to develop proposals on how to modify the EU's current legal structure to ensure proper enforcement of RPM behaviour that actually enhances legal certainty through a more aligned approach at the national level. Part III proposes five solutions which scrutinise the concepts of appreciability, hardcore and by-object restraints, to implement modifications to EU's current legal framework to ensure RPM receives reasonable and equitable treatment in line with economic theory"--

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