Resale Price Maintenance: An overview of EU and national case law

Introduction The classification of resale price maintenance (RPM) within a competition law context has been the subject of controversy for decades. Until recently in the US, RPM - in its form of a minimum or fixed resale price - was considered illegal per se. In 2007 the US Supreme Court in its Leegin decision overturned, however, the former legal standard and adopted a rule of reason based approach instead. In Europe, it was only with the adoption of the Guidelines on Vertical Restraints in 2010, which indicated the EU Commission’s willingness to consider the counterarguments of the parties on the likely and actual anticompetitive effects or on related efficiencies more openly. From the perspective of the supporters of a more lenient policy towards RPM, this nourished hope for a more

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Hans W. Friederiszick, Elzbieta Glowicka, Resale Price Maintenance: An overview of EU and national case law, 28 December 2013, e-Competitions EU Resale Price Maintenance, Art. N° 62050

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