Download or read book Unobservable Vertical Restraints and Interbrand Competition written by Yeongjae Kang and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper presents a model of vertical restraints with unobservable contracts in a market where retailers compete in price and service. The equilibrium contracts under the franchise and the resale price maintenance arrangements are shown to differ in the way they lessen competition between retailers. The franchise contract is more effective for lessening competition in price while the RPM for collusion in service. Consequently, the equilibrium of the manufacturers' vertical restraint selection game depends on the nature of their strategic interaction. An increase in retailer's risk aversion and/or demand uncertainty favors RPM.
Download or read book Vertical Restraints and Interbrand Competition written by Tommy Staahl Gabrielsen and published by . This book was released on 1994 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Vertical Restraints in the Digital Economy written by Adina Claici and published by Kluwer Law International B.V.. This book was released on 2021-05-21 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vertical agreements between undertakings at the various levels of a supply chain have long been seen as a fundamental focus for antitrust legislation, such as the European Union’s Vertical Block Exemption Regulation (VBER). It goes without saying that such issues are particularly prevalent in digital markets. This authoritative commentary analyses the main restrictions in vertical agreements, emphasising the numerous new and contentious issues arising in the context of Internet distribution. It offers both legal and economic perspectives, as well as examines enforcement and possible changes to the legislation. The contributors – leading competition authority officials, lawyers, economists, and academics – provide in-depth discussions of topics that have emerged as areas for conscious policy choices, including the following: restrictions of online sales; price parity obligations; resale price maintenance; the duration of non-compete obligations; sustainability agreements; geo-blocking practices; and restraint of trade in pharmaceuticals. The contributions have emerged from the 2020 conference of the Global Competition Law Centre at the College of Europe in the context of the currently ongoing review of the VBER and vertical guidelines. With its multidisciplinary approach highlighting the efficiencies and harms caused by the restrictions at stake, this important book clearly shows how law and practice apply to specific issues relating to digital markets and how the law is likely to change in the near future. It will be of immeasurable value to lawyers and officials concerned with European competition law and academics in the field.
Download or read book Green Paper on Vertical Restraints in Ec Competition Policy written by Basav Sen and published by DIANE Publishing. This book was released on 1999-07 with total page 97 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reviews EU policy towards vertical restraints -- agree. between producers & distributors that can be used pro-competitively to promote market integration & efficient dist. or anti-competitively to block integration & competition. Addresses the structure of distribution, economic analysis of vertical restraints & the internal market, current procedures & institutional framework, current rules for vertical restraints, & advantages of the present system. Makes a comparison of community law with member state & third country laws applicable to vertical restraints, examines the results of fact finding, & presents options based on the study analysis.
Download or read book Vertical Restraints and Inter and Intrabrand Competition written by Tommy Staahl Gabrielsen and published by . This book was released on 1996 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Economic and Legal Analysis of the Treatment of Vertical Restraints and Inter brand Competition in Australia written by Daniel Clough and published by . This book was released on 2000 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Vertical Agreements and Competition Law written by Sandra Marco Colino and published by Bloomsbury Publishing. This book was released on 2010-01-02 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the current legal framework for vertical agreements in the EU and the US. Over the last ten years, antitrust rules governing these agreements have undergone thorough reform. In the EU, the old sector-specific block exemptions were replaced by Regulation 2790/99, applicable to all sectors of the economy. In addition, changes introduced to the procedural rules have led to the decentralisation of Article 81(3) and the removal of the notification requirement. In like manner, in the US the Supreme Court has gradually taken vertical restraints out of the per se illegality rule. What Sylvania achieved in placing non-price vertical restraints under the rule of reason in the late 1970s, the Khan judgment did for maximum resale price maintenance in 1997, whilst most recently and most significantly in 2007 the Leegin case followed suit for minimum resale price maintenance. The book is divided into four chapters. The first chapter considers the 'double nature' of vertical agreements and the regulatory dilemma. The second chapter explores the most influential economic theories underpinning current regulatory frameworks, and how these theories shape antitrust policy. The third chapter questions the adequacy of the current economic analysis in recent EU and US legislation and court decisions. The fourth chapter analyses how this maturing economic analysis can be reconciled with what commentators and regulators have identified as a key role for competition policy, redressing assumed imbalances between dealers and manufacturers. The author concludes by querying the prevailing logic of protecting sectoral interests above the competitive process.
Download or read book Vertical Restrictions Limiting Intrabrand Competition written by American Bar Association. Task Force on Vertical Restrictions Limiting Intrabrand Competition and published by . This book was released on 1977 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regulating Vertical Agreements written by Maria Fernanda Caporale Madi and published by Kluwer Law International B.V.. This book was released on 2020-10-09 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vertical agreements represent a variety of supply and distribution contracts involving different market players, such as suppliers of diverse inputs, manufacturers, distributors and retailers. They gain particular significance in a global economy where technological advances are dynamic and are changing all the time. Such agreements are signed among businesspeople on a daily basis, and antitrust experts around the world are often asked to advise on whether they have any negative impact on competition or whether they infringe antitrust law. Taking into consideration the complex economic impacts of these vertical alliances, and the different market conditions that firms face in a wide variety of situations, the author proposes an in-depth examination of the following topics: resale price-fixing; geo-blocking clauses; exclusive and selective distribution systems; the concept of ‘economic efficiency’ in the context of vertical restraints; self-assessment of potential anticompetitive effects and antitrust risks; ex post control of vertical restraints; digital economies and its policy impact; alternative enforcement models under various institutional frameworks; the role and influence of political pressure groups. The book offers very constructive theoretical and political insights at the frontier between the disciplines of Economics and Law. By comparing two world’s leading antitrust jurisdictions, this book explores the lessons to be learned from the legal rules in the European Union and in Brazil, considering their promises and drawbacks, and formulates policy recommendations.
Download or read book Recognizing the Importance of Intrabrand Competition in High Technology Markets written by Esq. Colonna (Kyle) and published by . This book was released on 2014 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: High technology markets are unique, particularly because they innovate at a significantly faster pace than other markets. Due to the increasing complexity of the technology products sold, consumers require adequate customer service in order to form informed decisions with respect to purchases. Current antitrust laws provide for special treatment regarding interbrand competition. However, an increase in interbrand competition may result in a decrease in intrabrand competition. The detrimental effect of a decrease in intrabrand competition is evident when vertical territorial restraints are imposed on large retailers that are lacking in the customer service department. Courts are lacking in uniformity and guidance regarding vertical territorial restraints and the application of the rule of reason. The Supreme Court provided some guidance in "Board of Trade of City of Chicago v. United States", but much of that guidance has gone all but unheeded. As a result, this Comment proposes a three-prong test to assist in defining the "peculiarity factor" set forth by the Supreme Court.
Download or read book Resale Price Maintenance and Vertical Territorial Restrictions written by Barbora Jedlicková and published by Edward Elgar Publishing. This book was released on 2016-03-25 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theoretical discussions among competition lawyers and economists on the approach to Resale resale Price price Maintenance maintenance (RPM) and Vertical vertical Territorial territorial Restrictions restrictions (VTR) have often caused controversy. However, commentators agree that there is a lack of comprehensive study surrounding the topic. This book explores these two forms of anticompetitive conduct from legal, historical, economical, and theoretical points of view, focusing on the EU and US experiences. The author expertly goes beyond the current legal practice to explain, among other things, what approach should apply to RPM and VTR, and why RPM and VTR are introduced in situations where procompetitive theories would not make economic sense, or do not apply in practice. The book takes account of economic values, such as efficiency and welfare, as well as other values, such as freedom, fairness and free competition. Scholars and students of law will find the book’s depth of legal, economic and historical analysis to be a rich contribution to the scholarship. This book will also be of use to EU and US practitioners, and enforcers dealing with RPM and VTR cases.
Download or read book Soft Drink Interbrand Competition Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopoly, and Business Rights and published by . This book was released on 1980 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Malt Beverage Interbrand Competition Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights and published by . This book was released on 1988 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Interbrand and Intrabrand Competition in Vertical Restrictions written by Hidehiko Nishiyama and published by . This book was released on 1984 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Malt Beverage Interbrand Competition Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law and published by . This book was released on 1983 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Vertical Restraints Dealers with Power and Antitrust Policy written by Herbert Hovenkamp and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's Leegin decision has now brought the rule of reason to all purely vertical intrabrand distribution restraints. But the rule of reason does not mean per se legality and occasions for anticompetitive vertically imposed restraints may still arise. Of all those that have been suggested the most plausible are vertical restraints imposed at the behest of a powerful dealer or group (cartel) of dealers. Although a vertical distribution restraint resembles a dealer cartel in that both limit intraband competition, a manufacturer restraining the distribution of its product shuns the excess dealer profits a dealer cartel would seek. Accordingly, a knowledgeable and un-coerced manufacturer who restricts rivalry among dealers must do so for some other reason, such as to facilitate dealer services. In fact, however, manufacturers have been known to restrain intrabrand competition - especially through resale price maintenance - not to achieve more effective distribution but rather to appease dealer interests in excess profits. Whatever the social benefits of a distribution restraint that serves a manufacturer's self-interest, a competition-limiting restraint extracted by dealer power can be harmful. Vertical restraints reflecting dealer power could well be ignored by antitrust law if they were rare, insignificant in magnitude, or readily detected and remedied under other branches of antitrust law. But we doubt that dealer power is that rare and are troubled by an apparent history of price-enhancing resale price maintenance for the benefit of dealers. At least some of the claimed justifications for it actually reflect dealer power, and antitrust rules controlling horizontal combinations cannot themselves prevent those distribution restraints that result from the power of a single dealer. Requiring the plaintiff to prove that the challenged restraint is explained solely and exclusively on cartel, dealer power, or other non-efficiency grounds would be an attractive policy option for those who think such instances are rare. This option allows prompt validation of many such restraints. On the other hand, requiring the defenders to offer a plausible and legitimate business reason for every restraint would allow the antitrust tribunal easily to condemn those restraints obviously lacking justification but would complicate many cases in which dealer power is unlikely. Depending on the restraint, challengers might be required to prove specified indicia of dealer power, or, for legally less favored restraints, such power might be presumed subject to rebuttal by disproof of the same specified indicia. In sum, presumptions must be developed that will both clarify and simplify the fact finding process.
Download or read book Competition Law written by Barry J. Rodger and published by Cavendish Publishing. This book was released on 2001-10-17 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition law, at both the EC and UK levels, plays an important and ever increasing role in regulating the conduct of businesses. Competition law can affect business contracts, take-overs and mergers, co-ordinated actions, pricing behaviour and, also, S
