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      Minimum resale price maintenance in EU in the aftermath of the US leegin decision

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      Author
      Hazıroğlu, E. C.
      Gökatalay, S.
      Date
      2016
      Source 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
      Article
      Item Usage Stats
      491
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      120
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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 law
      Appreciability standard
      Art. 101 TFEU
      De Minimis notice
      Dr. Miles
      EU
      Hard-core restraints
      Leegin
      Minimum resale price maintenance
      Per se
      Rule of reason
      US
      Permalink
      http://hdl.handle.net/11693/36915
      Published Version (Please cite this version)
      https://doi.org/10.1007/s10657-015-9517-9
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      • Department of Law 223
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