机读格式显示(MARC)
- 000 03773cam a2200397 i 4500
- 008 221003t20232023enk b 001 0 eng
- 020 __ |a 9781032315485 |q hardcover
- 020 __ |a 1032315482 |q hardcover
- 020 __ |a 9781032315522 |q paperback
- 020 __ |a 1032315520 |q paperback
- 020 __ |z 9781003310259 |q electronic book
- 020 __ |z 9781000858501 |q electronic book
- 020 __ |z 9781000858488 |q electronic book
- 040 __ |a DLC |b eng |e rda |c DLC |d BDX |d UKMGB |d OCLCF |d YDX
- 050 00 |a K3842 |b .K65 2023
- 082 00 |a 343.07/1 |2 23/eng/20230331
- 099 __ |a CAL 022023059720
- 100 1_ |a Kollmar, Christy L., |e author.
- 245 10 |a Resale price maintenance and the law : |b the future of vertical restraints / |c Christy L. Kollmar.
- 260 __ |a Abingdon, Oxon ; |a New York, NY : |b Routledge, |c 2023.
- 300 __ |a xiv, 425 pages ; |c 24 cm
- 336 __ |a text |b txt |2 rdacontent
- 337 __ |a unmediated |b n |2 rdamedia
- 338 __ |a volume |b nc |2 rdacarrier
- 504 __ |a Includes bibliographical references and index.
- 505 0_ |a 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.
- 520 __ |a "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"-- |c Provided by publisher.
- 650 _0 |a Price maintenance |x Law and legislation.
- 776 08 |i Online version: |a Kollmar, Christy L. |t Resale price maintenance and the law |d Abingdon, Oxon [UK] ; New York, NY : Routledge, 2023 |z 9781003310259 |w (DLC) 2022047692