Minimum resale price maintenance in EU in the aftermath of the US leegin decision
Date
2016Source Title
European Journal of Law and Economics
Print ISSN
0929-1261
Publisher
Springer New York LLC
Volume
42
Issue
1
Pages
45 - 71
Language
English
Type
ArticleItem Usage Stats
649
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196
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Abstract
Leegin decision of the Supreme Court in 2007 affirmed that minimum RPM was to be evaluated under the rule of reason henceforth. Conversely, minimum RPM retains its position as a hard-core restraint in EU’s BER 2010 and the De Minimis Notice. The limited amount of case law reveal that in the absence of certain factors, such as significant market power of the parties, minimum RPM is unlikely to result in the detriment of consumers. Consequently, despite the retention of the maintenance of the single market as a significant aim in EU competition policy, minimum RPM practices are entitled to a more lenient approach, if the ultimate aim is to attain consumer welfare as stated by the Commission and through most judgments of the Court of Justice of the European Union. © 2015, Springer Science+Business Media New York.
Keywords
Antitrust lawAppreciability standard
Art. 101 TFEU
De Minimis notice
Dr. Miles
EU
Hard-core restraints
Leegin
Minimum resale price maintenance
Per se
Rule of reason
US