RPM is one of the hottest areas of competition law in the world. In our last issue we looked at a Chinese landmark case and started our global review, moving on to SE Asia, Australia, South Africa, and Brazil. In this issue, we’re checking in on Europe, where the EU seems to be mostly deferring to the Nation States (who largely prefer a per se approach); the United States, which is still looking at a state- and academic-rebellion against Leegin‘s installation of the rule of reason; and Canada, which has seemingly (and wisely?) decided to make the whole question a non-priority.
Global RPM: Part II
EU national competition authorities and courts are likely to find an infringement of competition law and to impose fines even when the parties to the agreement have market shares as low as 1 percent. Filippo Amato (Jones Day)
The EC may not be saying much about RPMs and MFNs, but NCAs are quite vocal about the anticompetitive effects of such restraints on vertical relationships. Laura Atlee & Yves Botteman (Steptoe & Johnson LLP)
The current rules on vertical restraints in