VERTICAL RESTRAINTS A COMMENT ON IACOBUCCI-WINTER AND FLETCHER-HVIID

Fletcher and Hviid then argue that a Retail MFN is effectively RPM-plus, where the plus is the horizontal element of the RPM. Since this horizontal element is the one driving (most of) the anticompetitive effects of RPM and is not (strictly) required to generate some of its possible efficiencies, th...

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Bibliographic Details
Published inAntitrust law journal Vol. 81; no. 1; pp. 99 - 110
Main Author Buccirossi, Paolo
Format Journal Article
LanguageEnglish
Published Chicago American Bar Association Section of Antitrust Law 01.01.2016
American Bar Association
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Summary:Fletcher and Hviid then argue that a Retail MFN is effectively RPM-plus, where the plus is the horizontal element of the RPM. Since this horizontal element is the one driving (most of) the anticompetitive effects of RPM and is not (strictly) required to generate some of its possible efficiencies, they maintain that Retail MFNs should be regarded as RPM "at its worst. In the new equilibrium consumers are worse off by definition. [...]a competition authority that cares about consumer welfare should welcome a new contractual arrangement that limits the adoption of the new technology.
ISSN:0003-6056
2326-9774