RPM and MFN Clauses in a Brave New World

In this issue:

How are RPM and MFN clauses affected in the brave new world of eCommerce? We start in Europe looking at the diversity of national approaches using the example of online booking, and then dive more deeply into a French case. We show that diversity also is a problem in the U.S., while India adds the complexity of foreign investments regulation. And we present two intellectual arguments with concrete implications for RPM cases, first arguing that pricing needs to be more than just an indication of competition concern and then evaluating using surrogates vs. rule-of-reason in antitrust inquiries.


RPM and MFN Clauses in a Brave New World

Edurne Navarro Varona, Aarón Hernández Canales, May 15, 2015

Online Hotel Booking

The outcome of ongoing national procedures concerning online hotel booking will be extremely important for the development of a European common digital market. Edurne Navarro Varona & Aarón Hernández Canales (Uría Menéndez)

Olivier Billard, Pierre Honore, May 15, 2015

Most Favored Nation Clauses: A French Perspective on the Booking.com Case

In the present case, while the competition concerns are explained in detail, many questions spring to mind that are not precisely addressed by the decision. Olivier Billard & Pierre Honoré (Bredin Prat)

Richard Steuer, May 15, 2015

Online Price Restraints Under U.S. Antitrust Law

Restraints on prices in electronic commerce in the United States are just like price restraints in the bricks-and-mortar world—except when they’re not. Richard M. Steuer (Mayer Brown LLP)

Samir Gandhi, Rahul Rai, Hemangini Dadwal, May 15, 2015

Most Favored Customer Clauses in Online Retail: Best Price or Bad Deal?

However, for online portals, it is possible that to work around the onerous conditions attached to FDI in multi-brand retail and yet benefit from foreign investment. Samir Gandhi, Rahul Rai, & Hemangini Dadwal (AZB & Partners)

Roman Inderst, Frank Maier-Rigaud, May 15, 2015

Vertical Restraints and the Forgotten Function of Prices in Brand Management

Competition law risks overshooting the mark if no account is taken of both the fundamental use of price as a signal of quality and of the important role prices play for manufacturers in their overall “marketing mix” decisions. Roman Inderst (Goethe Univ.) & Frank Maier-Rigaud (NERA & IESEG)

Kevin Caves, Hal Singer, May 15, 2015

On the Utility of Surrogates for Rule of Reason Cases

Should we prefer surrogates for antitrust violations that permit errors, or should we instead rely on a more nebulous rule-of-reason inquiry? Kevin Caves & Hal Singer (Economists Incorporated)