The author examines issues and questions in the antitrust analysis of slotting allowances and fees. Focus is given to those circumstances where suppliers employ their payment in ways that disadvantage rivals and have the effect of limiting competition and ultimately harming consumers. Under such...

Resale price maintenance (RPM) is a controversial pricing practice for managing retail distribution channels. In Leegin Creative Leather Products, Inc. v. PSKS, Inc. (2007), the Supreme Court abolished a nearly century-old per se rule against RPM established in Dr. Miles Medicine Co. v. John D....

“Digital business ecosystems” (DBEs) reflect the culmination of progressive changes in business models and organizational structure over the last 40 years. The ubiquity of many large DBEs in our economy, society, and political system is troubling, as is their significant market power, which...

“Digital business ecosystems” (DBEs) reflect the culmination of progressive changes in business models and organizational structure over the last 40 years. The ubiquity of many large DBEs in our economy, society, and political system is troubling, as is their significant market power, which...

Resale price maintenance (RPM) is a channel pricing strategy that establishes the price below which a product cannot be resold. The Supreme Court’s decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc. (2007) overruled a nearly 100-year old rule against RPM agreements. Together with...