In a model with manufacturer and retailer competition, we show that RPM facilitates manufacturer cartels when retailers have an outside option to selling the manufacturer's product. Because retailers have an effective outside option, the manufacturer can only ensure contract acceptance by...

We provide a novel theory of harm for resale price maintenance (RPM). In a model with two manufacturers and two retailers, we show that RPM facilitates manufacturer collusion when retailers have alternatives to selling a manufacturer's product. Because of the alternatives, manufacturers can only...

Die 10. Novelle des Gesetzes gegen Wettbewerbsbeschränkungen („GWB-Digitalisierungsgesetz“) soll die deutschen Wettbewerbsregeln so reformieren, dass sie einen geeigneten Ordnungsrahmen für eine zunehmend digitalisierte Wirtschaft darstellen. Im vorliegenden Beitrag diskutieren wir den...

The period spanning 1992 through 2000 was a time of significant federal and state antitrust activity. A major contribution to this activity was the proliferation of high-profile antitrust cases in which a single nexus of facts and conduct spawned multiple actions at both the state and federal...

The late Phillip Areeda's 1990 article Essential Facilities: An Epithet in Need of Limiting Principles has had a profound impact on the development on the essential facilities doctrine in antitrust law. It has become the intellectual basis for the critique and roll back of a doctrine that has...

Korean Abstract: 2020년 6월 2일, 유럽연합 집행위원회(European Commission)는 디지털 서비스법(Digital Services Act, “DSA”) 패키지와 새로운 경쟁법 툴(New Competition Tool, “NCT”)의 도입을 목표로 구체적인 로드맵을 담은...

This paper looks at whether the standard unilateral effects model can be applied to non-price competition parameters such as innovation. This question arises because competition authorities are intervening in horizontal mergers that are found to give rise to a “significant impediment to...

Korean Abstract: 최근 구글의 알고리즘 변경 및 검색결과 조작에 대한 EU의 제재, 라쿠텐이 온라인 입점업체의 가격 결정권을 침해하고 무료 배송정책을 도입한 행위에 대한 일본 경쟁당국의 제한 조치, 네이버가 자사상품...

This study is intended to provoke discussion on the practical effects of unfair trading practices (‘UTPs’) in the market and the necessity of new UTPs regulation at EU level.Section 2 addresses the notion of UTPs and their effects. UTPs in vertical business-to-business (‘B2B’) relations...