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Vol 21 No 11 Nov/Dec 2016

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EU and US Competition Law: Divided in Unity? The Law on Restrictive Agreements and Vertical Intra-brand Restraints


ISBN13: 9781409442301
Published: January 2013
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00



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This book examines the structure of the rule on restrictive agreements in the context of vertical intra-brand price and territorial restraints, analysing, comparing and evaluating their treatment in US antitrust and EU competition law.

It examines the concept of 'agreement' as the threshold question of the rule on restrictive agreements, the structure and focus of antitrust/competition law analysis, the treatment of vertical intra-brand price and territorial restrictions and their place in the test of antitrust/competition law. The treatment of vertical intra-brand restraints is one of the most controversial issues of contemporary competition law and policy, and there are substantial differences between the world's two leading regimes in this regard.

In the US, resale price fixing merits an effects-analysis, while in the EU it is prohibited almost outright. Likewise, territorial protection is treated laxly in the US, while in the EU absolute territorial protection - due to the single market imperative - is strictly prohibited.Using a novel approach of legal analysis, this book will be of interest to academics and scholars of business and commercial law, international and comparative law.

Subjects:
Competition Law
Contents:
Introduction
Contextual concepts: the devil is in the context? The structure of the rule on restrictive agreements
The threshold of the prohibition on restrictive agreements: the concept of agreement, contract, combination and conspiracy
The substance of the rule on restrictive agreements
Fundamentals of the economics of vertical restraints
Resale price fixing: the schism?
Non-price restraints: territorial exclusivity - from foe to friend
Final conclusions
Bibliography
Index.

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