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Resale Price Maintenance and the Law - The Future of Vertical Restraints (Hardcover)
Loot Price: R5,450
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Resale Price Maintenance and the Law - The Future of Vertical Restraints (Hardcover)
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The question of how to properly enforce against RPM has been a
contentious debate for decades on both sides of the Atlantic. The
catalyst is the acceptance that RPM can generate both
anti-competitive effects and pro-competitive efficiencies that need
to be properly balanced to ensure against Type I/Type II errors and
to create viable legislation. Part I focuses on 100 years of US
origins and the current legal approach to VR enforcement, which
reveals the precedent responsible for the transition between per se
illegality and the rule of reason thresholds at the federal level.
Nine anti-competitive and 19 pro-competitive theoretical models are
also introduced to clearly demonstrate the true nonconsensus
existent between economists as to whether RPM is deleterious enough
to justify a stringent approach to RPM regulation. Part II closely
examines the EU origins and current legal structure, where RPM has
maintained its hardcore by-object designation pursuant to Art.
101(1) TFEU with the consequence of having no safe harbours, no
applicability of the De Minimus Doctrine, an onerous negative
rebuttable presumption, non-severability of the agreement and
almost no chance of obtaining an exemption under Art. 101(3). This
is exacerbated by the EC’s lack of guidance on how to prove all
conditions necessary for an Art. 101(3) exemption and when a
vertical arrangement actually escapes Art. 101(1) applicability.
The aim of this book is to examine the economic models, historical
origins and legal structures of the US/EU regimes to develop
proposals on how to modify the EU’s current legal structure to
ensure proper enforcement of RPM behaviour that actually enhances
legal certainty through a more aligned approach at the national
level. Part III proposes five solutions which scrutinise the
concepts of appreciability, hardcore and by-object restraints, to
implement modifications to EU’s current legal framework to ensure
RPM receives reasonable and equitable treatment in line with
economic theory.
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