Competition Law and Economics
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Competition Law and Economics

Developments, Policies and Enforcement Trends in the US and Korea

Edited by Jay P. Choi, Wonhyuk Lim and Sang-Hyop Lee

In this exciting new book, an international team of experts compare market structures, in both global and Korean contexts, particularly focusing on the impact of foreign competition on market concentration and ways to improve market structure. It thoroughly investigates core competition problems, including international abuses of dominance, mergers and collusion, and vertical restraints. Contributions move beyond explaining the laws and practices of enforcement agencies, offering readers an insight into the trend of an ever-increasing interdependence among national economies, complemented by analyses of recent developments in the US and Canada.
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Chapter 9: Resale price maintenance in a multi-producer and multi-distributor setting

Se Hoon Bang and Yangsoo Jin

Abstract

The authors examine the competition effect of resale price maintenance (RPM) in a market environment where multiple producers are involved and where free-riding by distributors on presale services matters. The “Guidelines on Vertical Restraints” in the European Union, which is frequently used for guidance in RPM assessment in Korea, emphasizes the anticompetitiveness of RPM in multiple-producer environments, while stressing procompetitiveness for RPM with free-riding concerns. The authors shows that these two market conditions, if they exist at the same time, interact to determine the competition effect of RPM. In this case, RPM may either harm or benefit consumers depending on the degree of the brand-specificity of presale services and the cost of service provision. The authors suggest points that should be considered in the assessment of individual RPM cases.

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