Vertical Price Agreements in European and International Contexts

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Authors

BEJČEK Josef

Year of publication 2009
Type Chapter of a book
MU Faculty or unit

Faculty of Law

Citation
Description The paper mainly deals with the economic reasoning and the broader impact of a breakthrough decision of the US Supreme Court in a Leegin-case about non-per-se prohibition of resale price maintenance, and instead, on the necessity of a rule -of - reason -analysis. Possible impact on the European competition doctrine and judicature is analysed.It is argued that in a situation of uncertainty on the necessity of changing the rules the conservative certainty is preferable.The possibility that RPM will distort competition and welfare (prices)is more likely than the opposite. Therefore contemporary RPM ban connected with a a refutable presumptiom of non-fulfilment of the conditions required for the exemption should be retained.
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