TENDANCES : RESALE PRICE MAINTENANCE - LEEGIN - US SUPREME COURT - EUROPEAN REGULATIONS - FRANCE

Resale price regulation: Leegin and much more

This is a set of 5 articles on Resale Price Maintenance. This topic has recently been debated following the US Supreme Court Leegin ruling and the draft French reform of the antitrust act. The first article is written by 2 leading economists on the economic debate on the welfare effects of resale price maintenance. Then 2 US lawyers give assess Resale price maintenance agreements after Leegin. Papers III and IV are from two French actors debating on the pros’ and cons’ on the present situation and proposed reform. Finally, paper V is a detailed point of view from a senior DG COMP administrator.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. INTRODUCTORY WORDS Juliette GOYER Counsel to the Court Jean-Paul TRAN THIET Counsel to the Court A prohibition in principle... 1. In France and in Europe, control by suppliers of the resale prices charged by distributors is traditionally considered a serious infringement of competition law. 2. The basic reasoning is that consumers should benefit from as much competition as possible at the distribution level in order to obtain the best products or services at the best price and that any action to unify the prices of a given product at the resale stage is to the detriment of the final purchaser and economic efficiency. 3. At the Community level, the

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Jean-Paul Tran Thiet, Juliette Goyer, Dominique de Gramont, Peter J. Carney, Kristen J. McAhren, Lucas Peeperkorn, Jérôme Dubruille, Hervé Fargues, Marie-Laure Allain, Claire Chambolle, Resale price regulation: Leegin and much more, September 2008, Concurrences N° 3-2008, Art. N° 19919, pp. 10-27

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