The black list mentions (1) resale price maintenance
, (2) market partitioning by territory or customer group, (3) restrictions of sales to end users by members of a selective distribution network, (4) restriction of cross-supplies within a selective distribution system, and (5) restrictions preventing end users, independent repairers, and service providers from obtaining spare parts directly from the manufacturer.
Much of this paper focuses on determinants of the most controversial vertical restraint: resale price maintenance
. First, we propose a simple theoretical framework in the context of intra-brand competition.
This case upheld a resale price maintenance
agreement on Leegin specialty leather goods against Kay's Kloset, which used the goods for loss-leader advertising.
Sections 44ZRR and 44ZZRS replicate the previous anti-overlap provisions of section 45, and state that conduct that can be assessed under the Resale Price Maintenance
or Exclusive Dealing provisions, as well as the Cartel Provisions, must be assessed under the Resale Price Maintenance
or Exclusive Dealing provisions.
The Supreme Court's recent decision to move to rule of reason treatment for all resale price maintenance
has expanded the choice set of companies for distributing their products and, as described above, this should result in some lowering of firms' costs and increased efficiency in providing distribution services to consumers.
The Court's rejection of the per se rule as applied to resale price maintenance
schemes in Leegin Creative Leather Products, Inc.
Minimum resale price maintenance
persisted as a per se antitrust
Yamey (London School of Economics and Political Science) edited this series of essays that compare the resale price maintenance
practices of Canada, United States, Sweden, Denmark, Ireland and the United Kingdom, noting how the development of public policy can influence the price of goods.
would be to make minimum resale price maintenance
per se unlawful." (116) The dissenters acknowledged that Congress did not prohibit the Court from reconsidering the per se rule, but nevertheless argued that "enacting major legislation premised upon the existence of that rule constitutes important public [that is, legislative] reliance" on it.
Park & Son, the court ruled that resale price maintenance
agreements were illegal per se--illegal by their very nature--and defendants had to prove their actions did not violate anti-competitive provisions of the Sherman Anti-Trust Act.
"Minimum resale price maintenance
alleviates the problem because it prevents the discounter from undercutting the service provider.
The TPA defines resale price maintenance
(RPM) as follows: "(a) the supplier making it known to a second person that the supplier will not supply goods to the second person unless the second person agrees not to sell those goods at a price less than a price specified by the supplier; (b) the supplier inducing, or attempting to induce, a second person not to sell, at a price less than a price specified by the supplier, goods supplied to the second person by the supplier or by a third person who, directly or indirectly, has obtained the goods from the supplier; ...