Howard P. Marvel is Professor Emeritus of Economics at The Ohio State University,. He was previously Professor of Economics in the Department of Economics and Professor of Law in the Michael E. Moritz College of Law. In addition to his position at Ohio State, he has held appointments at Oxford University, Oxford, England; Stanford University; and Osaka University, Osaka, Japan. He has written extensively regarding relationships between suppliers and their dealers and distributors, focusing particularly on supplier/dealer contractual relationships, often known as vertical restraints. His work on vertical restraints has been cited widely by courts and antitrust authorities, most notably including (for resale price maintenance) both the majority opinion and the dissent in the Supreme Court’s landmark ruling in the Leegin case Leegin Creative Leather Products, Inc. v. PSKS, Inc., 127 S. Ct. 2705 (2007), and (for exclusive dealing) Judge Richard A. Posner’s influential opinion, Roland v. Dresser, 749 F. 2d 380 (1984).
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This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Vertical restraints commonly serve as devices to establish property rights to customers generated by costly promotional efforts. In some cases, rights to (...)
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