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 Vertical Restrictions Limiting Intrabrand Competition written by American Bar Association. Section of Antitrust Law and published by . This book was released on 1977 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 Economic Analyses of Vertical Agreements written by Doris Hildebrand and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the EC Block Exemption Regulation (BER) went into force in June 2000, companies are required to undertake a self-assessment of the possible consequences of their vertical agreements that is, of agreements that arise in a channel of distribution between firms at different levels of trade or industry, i.e., between a manufacturer and wholesaler, between a supplier and customer, or between a licensor of technology and his licensee. Such an assessment can be extremely complex. Although the European Commission has issued regulatory guidelines to facilitate the self-assessment process, there can be little doubt that the in-depth analysis and guidance provided in this book will be greatly welcomed by business people and their counsel. Economic Analyses of Vertical Agreements clarifies the steps, tests, determinations, and evaluations entailed in assessing vertical agreements, especially when an individual examination under Article 81 EC Treaty is required (as it is for all companies with more than a 30% market share in a relevant market). Among the terms and factors thoroughly explained, from the various pertinent points of view, are the following: vertical restraints and their components;exclusive and selective distribution agreements;channel strategies;single branding;free rider rationale; and,the European structured rule of reason in Article 81 EC Treaty The presentation is particularly notable for its wide-ranging discussion of types of vertical restraints and combinations of vertical restraints and how each is impacted by the new vertical agreement rules. The author also discusses the relevant case law of the EC Courts. Companies doing business in Europe and their legal and economic advisers will find here an absorbingly detailed overview of requirements and procedures, a clear analysis against which to measure strategic choices, and an enormously useful handbook to consult at every turn for expert guidance through the assessment of their vertical agreements.
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 Vertical Agreements in EU Competition Law written by Frank Wijckmans and published by Oxford University Press, USA. This book was released on 2011-11-10 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a detailed and practical analysis of the entire scope of the law relating to vertical agreements, including the new general block exemption regulations and the Vertical Guidelines, this book is an indispensible tool for all practitioners active in the drafting or reviewing of vertical agreements.
Download or read book Licensing Agreements written by Kojo Yelpaala and published by Springer. This book was released on 1988-01-19 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Vertical Restrictions Upon Buyers Limiting Purchases of Goods from Others written by Lynn H. Pasahow and published by American Bar Association. This book was released on 1982 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work focuses on the various types of vertical restraints by which a seller limits a purchaser's freedom to choose. Topics include tying arrangements, exclusive dealing and requirements contracts, and full-line forcing.
Download or read book Competition Policy and Vertical Restraints written by Organisation for Economic Co-operation and Development and published by OECD. This book was released on 1994 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Vertical Restraints and Interbrand Competition written by Tommy Staahl Gabrielsen and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In a setting with two differentiated producers and identical retailers, we analyse how exclusionary vertical restraints such as exclusive territories and exclusive dealing may affect interbrand competition. The existing literature argues that imposing exclusionary restraints on dealers can be profitably used to 'dampen' or eliminate interbrand competition. In a model where both restraints can be used by the producers we show that: (1) exclusive territories have no effect on interbrand competition, (2) exclusive dealing cannot be used to eliminate competition. The equilibrium outcome may involve retailers with or without exclusive territories. In all equilibria the collusive outcome is achieved, and each producer earns his product's incremental contribution to the industry profit. If producers could credibly commit to grant exclusive territories to separate dealers, this would enhance competition as compared to the equilibrium outcome. The implications for competition policy are discussed.
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 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 The Shaping of EU Competition Law written by Pablo Ibez Colomo and published by Cambridge University Press. This book was released on 2018-07-12 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.
Download or read book Vertical Restraints and Interbrand Competition written by Lars Sørgard and published by . This book was released on 1994 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Download or read book Pricing in Accordance with EC Competition Rules written by Daniel Müller and published by GRIN Verlag. This book was released on 2002-08-02 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2001 in the subject Law - European and International Law, Intellectual Properties, grade: 68% (entspr. 13 P.), Trinity College Dublin (-), course: Economic & Legal Aspects of Competition Policy, language: English, abstract: Price competition constitutes the most essential form of competition, as different prices for similar products promote the interchangeability of goods. In a competitive market, the price depends on the demand for the product. If there is little demand, the company will have to lower the price it can charge in order to compete with its rivals. Consumers who have choice are more likely to buy the product, which they think, is of good value. Therefore, to stay in the market, companies must seek to produce at minimum costs and to sell the product at a price, which includes a reasonable profit. The function of price competition is to keep prices down to the lowest and to encourage the movement of goods between the Member States . If a good product is sold at an inflated price, consumers might purchase a less appropriate product, which may not satisfy them. Thus price fixing, both horizontal and vertical, is the most obvious infringement of competition law . While horizontal agreements can eliminate inter-brand competition, price fixing between rivals, which also bind distributors (horizontal/vertical agreement) can restrict inter-brand as well as intra-brand competition. Mere vertical agreements, applied by suppliers individually, can cause horizontal effect as well, because it removes competition between distributors. Competition can easily be restricted from a position of dominance. In order to drive smaller companies out of the market or to prevent others from entering, a dominant undertaking can abuse its economic power and charge prices which other firms cannot compete with. The first Common Law country which had to deal with the issue of pricing, were the United States after the introduction of the Sherman Act 1890. In US v. Addyston Pipe and Steel Co. , the Supreme Court held pricing to be illegal per se under sec. 1 of the Sherman Act 1895 . An explanation for this holding can be found in Trenton Potteries : ′The power to fix prices [...] involves power to control the market and to fix arbitrary and unreasonable prices.′ [...]
