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Introduction -- Disribution and competition -- US development, case studies and summaries -- EU development, case studies and summaries -- Theories and impacts of RPM and VTR on competition -- Jurisprudential arguments and the economic concept of RPM and VTR
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By reference to case-law and soft law in three jurisdictions (Canada, US and EU), this paper explores how courts and agencies carry out balancing exercises in the application of competition law. The paper identifies three approaches: utilitarian balancing, consumer welfare balancing, and...
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"Niamh Dunne undertakes a systematic exploration of the relationship between competition law and economic regulation as legal mechanisms of market control. Beginning from a theoretical assessment of these legal instruments as discrete mechanisms, the author goes on to address numerous facets of...
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"The question of how to properly enforce against RPM has been a contentious debate for decades on both sides of the Atlantic. The catalyst is the acceptance that RPM can generate both anti-competitive effects and pro-competitive efficiencies that need to be properly balanced to ensure against...
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