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Book Synopsis Vertical Restrictions Limiting Intraband Competition by : American Bar Association. Section of Antitrust Law
Download or read book Vertical Restrictions Limiting Intraband Competition written by American Bar Association. Section of Antitrust Law and published by . This book was released on 1977 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Vertical Restraints, Dealers with Power, and Antitrust Policy by : Herbert Hovenkamp
Download or read book Vertical Restraints, Dealers with Power, and Antitrust Policy written by Herbert Hovenkamp and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's Leegin decision has now brought the rule of reason to all purely vertical intrabrand distribution restraints. But the rule of reason does not mean per se legality and occasions for anticompetitive vertically imposed restraints may still arise. Of all those that have been suggested the most plausible are vertical restraints imposed at the behest of a powerful dealer or group (cartel) of dealers. Although a vertical distribution restraint resembles a dealer cartel in that both limit intraband competition, a manufacturer restraining the distribution of its product shuns the excess dealer profits a dealer cartel would seek. Accordingly, a knowledgeable and un-coerced manufacturer who restricts rivalry among dealers must do so for some other reason, such as to facilitate dealer services. In fact, however, manufacturers have been known to restrain intrabrand competition - especially through resale price maintenance - not to achieve more effective distribution but rather to appease dealer interests in excess profits. Whatever the social benefits of a distribution restraint that serves a manufacturer's self-interest, a competition-limiting restraint extracted by dealer power can be harmful. Vertical restraints reflecting dealer power could well be ignored by antitrust law if they were rare, insignificant in magnitude, or readily detected and remedied under other branches of antitrust law. But we doubt that dealer power is that rare and are troubled by an apparent history of price-enhancing resale price maintenance for the benefit of dealers. At least some of the claimed justifications for it actually reflect dealer power, and antitrust rules controlling horizontal combinations cannot themselves prevent those distribution restraints that result from the power of a single dealer. Requiring the plaintiff to prove that the challenged restraint is explained solely and exclusively on cartel, dealer power, or other non-efficiency grounds would be an attractive policy option for those who think such instances are rare. This option allows prompt validation of many such restraints. On the other hand, requiring the defenders to offer a plausible and legitimate business reason for every restraint would allow the antitrust tribunal easily to condemn those restraints obviously lacking justification but would complicate many cases in which dealer power is unlikely. Depending on the restraint, challengers might be required to prove specified indicia of dealer power, or, for legally less favored restraints, such power might be presumed subject to rebuttal by disproof of the same specified indicia. In sum, presumptions must be developed that will both clarify and simplify the fact finding process.
Book Synopsis Vertical Restrictions Upon Buyers Limiting Purchases of Goods from Others by : Lynn H. Pasahow
Download or read book Vertical Restrictions Upon Buyers Limiting Purchases of Goods from Others written by Lynn H. Pasahow and published by American Bar Association. This book was released on 1982 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work focuses on the various types of vertical restraints by which a seller limits a purchaser's freedom to choose. Topics include tying arrangements, exclusive dealing and requirements contracts, and full-line forcing.
Author :American Bar Association. Task Force on Vertical Restrictions Limiting Intrabrand Competition Publisher : ISBN 13 : Total Pages :136 pages Book Rating :4.F/5 ( download)
Book Synopsis Vertical Restrictions Limiting Intrabrand Competition by : American Bar Association. Task Force on Vertical Restrictions Limiting Intrabrand Competition
Download or read book Vertical Restrictions Limiting Intrabrand Competition written by American Bar Association. Task Force on Vertical Restrictions Limiting Intrabrand Competition and published by . This book was released on 1977 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Antitrust Law Journal written by and published by . This book was released on 1986 with total page 964 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Vertical Integration and Regulation by : Christoph Kleineberg
Download or read book Vertical Integration and Regulation written by Christoph Kleineberg and published by Springer. This book was released on 2019-01-17 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates under which circumstances vertical unbundling can lead to a more efficient market result. The assessment is based on an interdisciplinary approach combining law and economics. Drawing on the assessment, circumstances are subsequently presented under which unbundling might become necessary. Additionally, less severe means of regulatory intervention are suggested in order to protect competition. Given its scope, the book is chiefly intended for scholars and practitioners in the field of economic policy and regulation law; in addition, it will give interested members of the public a unique opportunity to learn about the underlying rationales of regulation law and regulation economics.
Book Synopsis Vertical Agreements by : Paul Taylor
Download or read book Vertical Agreements written by Paul Taylor and published by . This book was released on 2000 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a review of reforms of the EC's traditional treatment of vertical agreements.
Book Synopsis Vertical Agreements and Competition Law by : Sandra Marco Colino
Download or read book Vertical Agreements and Competition Law written by Sandra Marco Colino and published by Hart Publishing. This book was released on 2021-03-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the legal framework for vertical supply and distribution agreements under the competition law regimes of the United States (US), the European Union (EU), the People's Republic of China (PRC) and Hong Kong. The fierce scholarly debate relating to the treatment of vertical relationships between businesses operating at different levels of production or distribution is fuelled both by ideology and by the mixed effects these restrictions may have on competition. As a consequence, it is one of the areas in which the influential Chicago and Harvard Schools disagree most vehemently. The opposed views have resulted in significant swings in the law and policy affecting these contracts in the US and the EU, two of the world's most experienced antitrust jurisdictions. In China, where competition legislation was adopted only in 2007, vertical restrictions have already attracted the attention of both public and private enforcers. It remains to be seen how the Hong Kong Competition Ordinance, in force only since 2015, will be applied to vertical agreements. The book re-visits this classic dispute with the aim of providing a thorough understanding of the controversy and the merits of the solutions explored over decades of competition law enforcement in the US and the EU. It also assesses the validity of those solutions for younger antitrust regimes by focusing on China, one of the most active new jurisdictions, and Hong Kong, which is just beginning to develop. Chapter 1 considers the mixed effects of vertical agreements and the goals of competition policy. Chapter 2 highlights the influence of policy and economics in the law, and explores the prominent schools of thought which have shaped the current regulatory framework for vertical agreements. Chapter 3 assesses of the extent to which economic analysis should play a role in competition policy towards these restrictions. Chapter 4 covers the relevant enforcement and procedural issues, and Chapter 5 attempts to reconcile the development of an economic, effects-based approach with the attainment of other goals of antitrust affecting the relationship between suppliers and buyers.
Book Synopsis A Comparative Study of United States and European Union Approaches to Vertical Policy by : James C. Cooper
Download or read book A Comparative Study of United States and European Union Approaches to Vertical Policy written by James C. Cooper and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years divergence between United States ("US") and European Union ("EU") competition policy has garnered a lot of attention. One particular area where these differences are evident is the treatment of vertical restraints. In the USA, an antitrust plaintiff must show that a vertical agreement is likely to harm competition - that is, reduce economic welfare. EU competition law, on the other hand, places a lower burden on the European Commission ("EC"). The EC recently has promulgated a block exemption regulation ("BER") that defines circumstances under which vertical arrangements are automatically exempted under Article ("Art.") 81(3); still, European competition law condemns many more vertical agreements than does US antitrust law. "Dominant" firms entering into vertical agreements receive even harsher treatment under EU competition law. Because the Guidelines to the BER explicitly exclude dominant firms from exemption under Art. 81(3), it appears that Art. 81 proscribes dominant firms from entering into vertical agreements that restrict the behavior of the contracting parties. Additionally, Art. 82 discourages dominant firms from entering into vertical agreements. This paper uses a Bayesian framework to analyze the disparate treatment of vertical arrangements in the USA and EU. The practice of antitrust is the problem of inferring the competitive consequences of various types of market conduct. We argue that an optimal enforcement estimator would minimize an expected social loss function, where the expectation is taken over the posterior probability that a given practice is anticompetitive, given evidence in a particular case. Empirical literature informs priors, whereas theory informs the likelihood. We show how differences in antitrust treatment of vertical practices can be explained by different loss functions, even when each jurisdiction shares the same beliefs regarding the theoretical and empirical effects of vertical restraints.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law Publisher : ISBN 13 : Total Pages :472 pages Book Rating :4.:/5 (327 download)
Book Synopsis Exclusive Territorial and Customer Restrictions by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law
Download or read book Exclusive Territorial and Customer Restrictions written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law and published by . This book was released on 1976 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Treatment of Vertical Restraints Under Competition Law by : Patrick Massey
Download or read book The Treatment of Vertical Restraints Under Competition Law written by Patrick Massey and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Maria Fernanda Caporale Madi Publisher :Kluwer Law International ISBN 13 :9789403526508 Total Pages :232 pages Book Rating :4.5/5 (265 download)
Book Synopsis Regulating Vertical Agreements by : Maria Fernanda Caporale Madi
Download or read book Regulating Vertical Agreements written by Maria Fernanda Caporale Madi and published by Kluwer Law International. This book was released on 2020-10-09 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vertical agreements represent a variety of supply and distribution contracts involving different market players, such as suppliers of diverse inputs, manufacturers, distributors and retailers. They gain particular significance in a global economy where technological advances are dynamic and are changing all the time. Such agreements are signed among businesspeople on a daily basis, and antitrust experts around the world are often asked to advise on whether they have any negative impact on competition or whether they infringe antitrust law. Taking into consideration the complex economic impacts of these vertical alliances, and the different market conditions that firms face in a wide variety of situations, the author proposes an in-depth examination of the following topics: resale price-fixing; geo-blocking clauses; exclusive and selective distribution systems; the concept of 'economic efficiency' in the context of vertical restraints; self-assessment of potential anticompetitive effects and antitrust risks; ex post control of vertical restraints; digital economies and its policy impact; alternative enforcement models under various institutional frameworks; the role and influence of political pressure groups. The book offers very constructive theoretical and political insights at the frontier between the disciplines of Economics and Law. By comparing two world's leading antitrust jurisdictions, this book explores the lessons to be learned from the legal rules in the European Union and in Brazil, considering their promises and drawbacks, and formulates policy recommendations.
Book Synopsis Survey of the Member State National Laws Governing Vertical Distribution Agreements by : Laraine L. Laudati
Download or read book Survey of the Member State National Laws Governing Vertical Distribution Agreements written by Laraine L. Laudati and published by . This book was released on 1996 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. The national laws applicable to vertical - 2. Policy goals underlying vertical restraints laws - 3. Types of vertical restraints under national law - 4. Criteria for deciding whether vertical restraints are unlawful.
Book Synopsis Vertical Restraints Under EU Competition Law by : Nicolas Petit
Download or read book Vertical Restraints Under EU Competition Law written by Nicolas Petit and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this paper is to provide a full account of the new European rules on distribution agreements adopted in April 2010, i.e. Regulation 330/2010 and its concomitant Guidelines on Vertical Restraints. In doing so the paper covers all aspects of the law in this field - with the notable exception of agency agreements - and discusses the development of the law since the 1960s to the present day. Such development is principally characterised by an increased focus on the economic effects produced by vertical restraints and a movement away from a strict form-based approach. The paper is divided into five sections. Following a short introduction, section II sets out the different types of vertical restraint commonly found in commercial contracts of a vertical nature and the theories of harm (such as risks of foreclosure and collusion) and pro-competitive effects ascribed to them under EU competition law. Section II discusses not only those types of vertical restraint that one may traditionally come across - such as resale price maintenance clauses - but also discusses two novel areas, namely upfront access payments and category management agreements which relate to the issue of buyer power. Section III offers a step-by-step overview of the method that in our eyes ought ideally be followed by agencies, firms and their legal counsels when engaging in a self asssessment - in the post notification era - of vertical agreements under Article 101 TFEU. Section IV deals with the issue of online distribution, which sparked intense controversy during the stakeholder consultation process. In line with commercial reality and the ubiquity of online commerce it is in our opinion entirely appropariate that the new law on vertical restraints now provides extensive guidance on the issue. Finally a brief conclusion is provided in section V.
Book Synopsis The Pros and Cons of Vertical Restraints by :
Download or read book The Pros and Cons of Vertical Restraints written by and published by . This book was released on 2008 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Competition Policy and Vertical Exchange by : G. Frank Mathewson
Download or read book Competition Policy and Vertical Exchange written by G. Frank Mathewson and published by . This book was released on 1985 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The purpose of this study is to analyze vertical restraints in distribution and ultimately to delineate policy guidelines and assess Canadian competition policy on restricted distribution in light of recent economic analysis of these restraints and developments in policy in Britain and the United States. In contrast to the U.S. trend towards a more liberal policy on vertical restrictions, Canada's competition law has been and still remains oriented toward restrictions on conduct. Does Canada's current competition policy on vertical issues maximize economic efficiency?"--
Book Synopsis Vertical Antitrust Enforcement by : Gabriele Accardo
Download or read book Vertical Antitrust Enforcement written by Gabriele Accardo and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper looks at how EU and U.S. competition laws deal with restrictions of online sales in distribution agreements, respectively. The growing importance of online commerce highlights how vertical competition law enforcement is still an important building block of competition law policies, both in the U.S. and in Europe. Businesses who are either engaged in online activities or deal with online intermediaries in the U.S. and EU should be aware of the rules of the game, since vertical antitrust issues are generally subject to different principles on both sides of the Atlantic. The European Commission recently adopted new competition rules that specifically target restrictions of online sales in distribution agreements, acknowledging the importance of e-commerce for consumers and its instrumental role in achieving the paramount goal of a single internal market in Europe. Conversely, unlike in the EU, several factors, such as the existence of a developed online market, the absence of single market considerations, the paramount importance of freedom to contract and the role of inter-brand competition under U.S. antitrust law, arguably explain why U.S. antitrust doctrine is less concerned about the need to adopt specific rules applicable to restrictions of online sales.
