Resale Price Maintenance and Vertical Territorial Restrictions

Resale Price Maintenance and Vertical Territorial Restrictions

Theory and Practice in EU Competition Law and US Antitrust Law

New Horizons in Competition Law and Economics series

Barbora Jedlicková

Theoretical discussions among competition lawyers and economists on the approach to Resale Price Maintenance (RPM) and Vertical Territorial 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.

Chapter 2: Distribution and competition

Barbora Jedlicková

Subjects: law - academic, competition and antitrust law

Abstract

The purpose of Chapter 2 is to set a broader scene for resale price maintenance and vertical territorial restrictions by outlining the important elements of vertical interactions and addressing knowledge from economics and other disciplines. It explains how distribution, competition and markets operate in connection with vertical restrictions, in particular resale price maintenance and vertical territorial restrictions. It shows that horizontal competition is not the only form of competition essential for the evaluation of vertical restrictions, as vertical restrictions need to reflect not only horizontal market structure but also vertical market structures, its vertical interaction including bargaining power and vertical relationships.

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