RPM Under EU Competition Law: Some Considerations From a Business and Economic Perspective

Pablo Figueroa, Andres Font Galarza, Frank Maier-Rigaud, Nov 14, 2013 Resale or retail price maintenance refers to an agreement between an upstream and a downstream firm in a vertical value chain concerning the retail level price. RPM refers either to a maximum, a minimum, or a fixed price that retailers agree to charge their customers. […]

Resale Price Maintenance and Most-Favored Nation Clauses: The Future Does Not Look Bright

Laura Atlee, Yves Botteman, Nov 14, 2013 The European Commission’s 2010 Vertical Restraints Block Exemption Regulation and accompanying Guidelines on Vertical Restraints created a certain amount of excitement with the new approach towards resale price maintenance. However, for all of the discussion about the EC’s new, softer approach to RPM, little has come of it…The […]

RPM in the European Union: Any Developments Since Leegin?

CFilippo Amato, Nov 14, 2013 Suspicions regarding the use of resale price maintenance in vertical agreements, i.e., agreements between a supplier and its distributors, have long existed in competition law. The European Commission defines RPM as “agreements or concerted practices having as their direct or indirect object the establishment of a fixed or minimum resale […]

Resale Price Maintenance The Blurred Lines

Ozlem Fidanboylu, Christian Riis-Madsen, Nov 14, 2013 The 2007 U.S. Supreme Court decision in Leegin set in motion a landslide by overturning a 96-year old precedent. After identifying that the probability of anticompetitive resale price maintenance was too low to justify a per seprohibition, the Court now advocated a rule of reason approach to RPM cases. […]

Resale Price Maintenance in France

Charles Saumon, Nov 14, 2013 On October 10, 2013, the Paris Court of Appeals confirmed a landmark decision of the French Competition Authority condemning three leading manufacturers active in the dog and cat food sector to a EUR 35.3 million fine for having imposed resale prices and territorial restrictions on their distributors in France during […]

A Look Back at the Attempts to Repeal Leegin

Leiv Blad, Margaret Sheer, Nov 13, 2013 In 2007, the United States Supreme Court jettisoned 96 years of precedent and held that minimum resale price maintenance (“RPM”) agreements were not per se illegal under Section 1 of the Sherman Act, but rather should be subject to “rule of reason” review, a far more lenient process. The reaction […]

Why the New Evidence on Minimum Resale Price Maintenance Does Not Justify a Per Se or Quick Look Approach

Thomas Lambert, Michael Sykuta, Nov 13, 2013 The battle over the proper legal treatment of minimum resale price maintenance continues to rage in the United States. Despite the U.S. Supreme Court’s 2007 Leegin decision abrogating the rule of per se illegality for purposes of federal antitrust law, squabbles continue on two fronts. First, states have split […]

Resale Price Maintenance in Canada: Where Do We Stand After the Visa/Mastercard Case?

Erika Douglas, Mark Katz, Nov 14, 2013 The Canadian Competition Act was amended in 2009 to repeal the former criminal prohibition against price maintenance and introduce a new civil “reviewable practice” which prohibits suppliers from adversely affecting competition by “influencing upward or discouraging the reduction” of resale prices. The Competition Bureau brought its first case under […]