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
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)
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)
Restraints on prices in electronic commerce in the United States are just like pr