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 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.

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