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 6: Jurisprudential arguments and the economic concept of RPM and VTR

Barbora Jedlicková

Subjects: law - academic, competition and antitrust law


The chapter explores social and political values: fairness, freedom and free competition. It starts with the argument that the economic-theoretical approach as it applies to RPM and VTR is focused on outcomes and is thus rather a consequentialist approach, while the objective of competition law requires the analysis of the process and thus the incorporation of the deontological account. On the basis of the deontological account, it outlines which values are or should be establishing the legal approach to RPM and VTR and utilizes these values in order to answer a number of questions arising from previous chapters with regards to RPM and VTR.

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