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Private Labels, Branded Goods and Competition Policy: The Changing Landscape of Retail Competition

Edited by: Ariel Ezrachi, Ulf Bernitz

ISBN13: 9780199559374
Published: February 2009
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £150.00



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The growing use of private labels in recent years has affected significantly the landscape of retail competition, with major retailers no longer being confined to their traditional role as purchasers and distributors of branded goods. By selling their own-label products within their outlets they are competing with their upstream brand suppliers for sales and shelf space. This unique relationship, and the continued strengthening of private labels, raises important questions as to their pro-competitive effects and possible negative effects.

This book provides an in-depth review of the range of competitive and intellectual property issues raised in connection with private brands in Europe and the US. It examines the development of private labels and their impact on retail competition, then moves on to focus on policy and question the adequacy of current economic and legal analysis in light of the characteristics of own-label competition, and finally it presents a thorough evaluation of the legal issues in the field, including chapters on horizontal and vertical effects, dominance, mergers and acquisitions, intellectual property, copycat packaging and consumer welfare.

The book contains a collection of essays reflecting the debate on the impact of private labels upon competition, investment and innovation in the retail sector. The ideas and arguments underlying the articles have been developed through a series of seminars held in the Oxford Centre for Competition Law and Policy over the last three years. Participants in these seminars have included competition officials, law academics, practitioners and representatives from industry.

Subjects:
Competition Law, Intellectual Property Law
Contents:
PART I: THE NATURE OF RETAIL COMPETITION
1. Private labels - what drives them forward , Richard Herbert
2. The business model for manufacturers' brands , Dick Bell
3. Bargaining between retailers and their suppliers , John Thanassoulis & Howard Smith
PART II: MARKET POWER AND THE ABUSE OF DOMINANCE;
4. Market power in consumer goods industries , Robert L Steiner
5. Private labels and branded goods: Consumers' "horrors" and "heroes" , Paul W Dobson & Ratula Chakraborty
6. Private Labels and Article 82 EC , Andres Font Galarza
PART III: VERTICAL RESTRAINTS;
7. Private labels, dual distribution and vertical restraints: An analysis of the competitive effects , David Gilo
8. The vertical/horizontal dichotomy in competition law: some reflections with regard to dual distribution and private labels , Ioannis Lianos
PART IV: IN-STORE COMPETITION, PRICING, MARKETING AND ADVERTISING;
9. Retailer and private labels: asymmetry of information, in-store competition and the control of shelf space , Pieter Kuipers
10. Misleading packaging, copycats and look-alikes: an unfair commercial practice? , Ulf Bernitz
11. Private labels, product variety, and price competition - lessons from the German grocery sector , Rainer Olbrich, Gundula Grewe & Ruth Orenstrat
12. Advertising, promotional campaigns and private labels , Ariel Ezrachi & Jonathan Reynolds
PART V: RETAIL CONSOLIDATION AND THE USE OF REMEDIES;
13. Retail consolidation: the implications of mergers and buying alliances , John Ratliff
14. Retail competition - the use of ex-ante and ex-post remedies , Alistair Gorrie
PART VI: PRIVATE LABALES - THE US EXPERIENCE;
15. United States competition law policy - the private label experience , Jeffrey Schmidt & Terry Calvani
PART VII: CONSUMER WELFARE AND ENFORCEMENT STANDARD;
16. The 'consumer welfare' standard as a form of substantive protection for consumers under European competition law , Philip Marsden & Peter Whelan
17. Welfare objective and enforcement standard in competition law , Renato Nazzini