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George Norman and Darlene C. Chisholm

Contractual agreements between organizations at different levels in the vertical chain of production limiting the actions that they can take. Typical vertical restraints are exclusive dealing agreements, resale price maintenance and tie-in sales . While many such restraints have been found to break antitrust laws they are usually evaluated according to the rule of reason .

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Etsuko Kameoka

JOBNAME: Kameoka PAGE: 1 SESS: 6 OUTPUT: Thu Dec 12 09:46:12 2013 5. Vertical restraints HISTORY OF VERTICAL RESTRAINTS IN JAPAN AND THE EU The AMA was adopted under the strong influence of the US, when Japan was occupied by the Allied Occupation Forces.1 However, the Japanese market featured particular distribution systems uncommon to the US market. Further, the peculiarities of distribution systems in Japan, such as the high density of small retail stores, the relatively limited number of large stores and complex wholesale channels was a longstanding tradition

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Claudia M. Landeo

3. Exclusionary vertical restraints and antitrust: experimental law and economics contributions Claudia M. Landeo1 1. INTRODUCTION Vertical restraints refer to arrangements between firms at different levels of the vertical chain that restrict the conditions under which these firms may operate. They often serve legitimate and value-enhancing business goals. On the other hand, vertical restraints may be anticompetitive.2 These business practices have been the subject of lively policy and academic discussions. Scholars associated with the Chicago School

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Patrick F. Todd

1 Introduction The way in which vertical restraints are treated under Article 101 of the Treaty on the Functioning of the European Union (‘TFEU’) or Chapter I of the Competition Act 1998 (‘CA 1998’) in the United Kingdom (UK) is coming to a crossroads. On one hand, the European Commission (‘EC’) is undertaking a wholesale review of the Vertical Block Exemption Regulation (‘VBER’) and its accompanying Guidelines on Vertical Restraints, which could reshape the regulation of vertical agreements in light of the nuanced characteristics of digital markets and the

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Michael A. Utton

Utton2 03 chap 9 4/12/02 16:20 Page 233 10 Market dominance and vertical restraints I Introduction We made clear at the beginning of Chapter 9 the distinction between vertical integration and vertical restraints. In this chapter our major concern is to analyse the effect that a variety of vertical restraints imposed by firms at one stage of the production process on their suppliers or distributors can have on market dominance, and then to consider the antitrust response to these practices. The term ‘vertical restraint’ correctly captures the essence of the

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John Duns

JOBNAME: Duns PAGE: 1 SESS: 3 OUTPUT: Wed Oct 21 12:16:51 2015 9. Vertical conduct: Non-price restraints John Duns 1. INTRODUCTION This chapter considers the challenges to competition policy posed by non-price vertical restraints (‘NPVRs’) and the responses of leading jurisdictions to these challenges.1 Jurisdictions certainly vary in their treatment of NPVRs, and sometimes they do so in important respects. Nevertheless it will be suggested that there appears to be a move towards a greater consistency in approach and that the differences may ultimately be

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Shubha Ghosh

[ In : Volume 4 , Keith N. Hylton (ed) Antitrust Law and Economics ] As a counterexample to John Maynard Keynes’s pronouncement about the influence on policy of ‘defunct economists’, contemporary antitrust law in the United States is shaped by the living. Nowhere is this truer than in the area of vertical restraints. Starting with debates over restrictions in patent licensing 2 and continuing with the most recent debates leading up to the Supreme Court’s decision in Leegin Creative Leather Prods. v. PSKS, Inc. , 3 the proper legal treatment of vertical

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Marc Israel, Jacquelyn MacLennan and Jan Jeram

allow the Commission to decide whether the VBER should lapse, be prolonged or ‘be revised to take proper account of new market developments since its adoption in 2010, notably the increased importance of online sales and the emergence of new market players such as online platforms’. 34 The feedback period for the Evaluation Roadmap has since closed, but a public consultation was launched on 4 February 2019. 35 3 Online vertical restraints: Member States’ experience Before the Sector Inquiry, the Commission had, for a number of years, left the task of enforcement in

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Massimo Merola and Leonardo Armati

JOBNAME: Trade and Competitio PAGE: 5 SESS: 29 OUTPUT: Mon Jun 20 16:16:16 2011 19. Vertical restraints and online sales in the era of modernization: is the new regime ‘modern’ enough? Massimo Merola and Leonardo Armati 19.1 INTRODUCTION Initiated in the late 1990s, the modernization of European competition law is a complex process that was born out of several historical factors. While the prospect of enlargement by itself triggered the modernization process, other factors also played a crucial role. Among these were, namely, the increasing globalization of the

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Yves Botteman and Daniel Barrio Barrio

restriction under the Vertical Restraints Block Exemption Regulation? The CJEU dealt with the OLG Frankfurt am Main's third and fourth questions together: [Are] Articles 4(b) and 4(c) of Regulation No 330/2010 to be interpreted as meaning that a prohibition of engaging third-party undertakings discernible to the public to handle internet sales that is imposed on the members of a selective distribution system operating at the retail level of trade constitutes a restriction of the retailer's customer group [or] a restriction of passive sales to end users ‘by object’? This