Minimum resale price maintenance in EU in the aftermath of the US Leegin decision

Elif Cemre Hazıroğlu () and Semih Gökatalay
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Elif Cemre Hazıroğlu: Bilkent University
Semih Gökatalay: Middle East Technical University

European Journal of Law and Economics, 2016, vol. 42, issue 1, No 4, 45-71

Abstract: Abstract Leegin decision of the Supreme Court in 2007 affirmed that minimum RPM was to be evaluated under the rule of reason henceforth. Conversely, minimum RPM retains its position as a hard-core restraint in EU’s BER 2010 and the De Minimis Notice. The limited amount of case law reveal that in the absence of certain factors, such as significant market power of the parties, minimum RPM is unlikely to result in the detriment of consumers. Consequently, despite the retention of the maintenance of the single market as a significant aim in EU competition policy, minimum RPM practices are entitled to a more lenient approach, if the ultimate aim is to attain consumer welfare as stated by the Commission and through most judgments of the Court of Justice of the European Union.

Keywords: Antitrust law; US; EU; Art. 101 TFEU; Dr. Miles; Leegin; Minimum resale price maintenance; Hard-core restraints; Per se; Rule of reason; Appreciability standard; De Minimis notice (search for similar items in EconPapers)
JEL-codes: A12 D60 D84 H30 K21 L42 (search for similar items in EconPapers)
Date: 2016
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Citations: View citations in EconPapers (1)

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DOI: 10.1007/s10657-015-9517-9

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