Legal Treatment of Vertical Restraints: Some Lessons from the Ongoing International Debates Regarding Resale Price Maintenance

2012 ◽  
Author(s):  
Michael E. Jacobs
Keyword(s):  
Vertical Restraints ◽  
Resale Price Maintenance ◽  
Resale Price ◽  
Price Maintenance

Vertical Restraints in the Spanish Steel Industry and Their Effects on Competition, 1906–1936

2004 ◽  
Vol 78 (4) ◽  
pp. 703-720
Author(s):  
José-Ignacio Martínez Ruiz
Keyword(s):  
Steel Industry ◽  
Vertical Restraints ◽  
Resale Price Maintenance ◽  
Exclusive Dealing ◽  
Iron And Steel ◽  
Pricing Policies ◽  
Resale Price ◽  
Price Maintenance

Unlike U.S. and British steel firms, Spanish steel manufacturers did not integrate their operations with wholesalers and retailers or distribute their output through the market. Instead, from 1928 onward, Spanish steel firms imposed various forms of vertical restraints on wholesalers, including exclusive dealing, stock quotas, and resale price maintenance. These restrictions prevented the iron and steel wholesalers, who banded together to form a cartel in 1910, from establishing their own pricing policies. In addition, the restrictions limited competition in the industry. After 1928, when the independent steel firms found it impossible to distribute their products through the main iron wholesalers, they had no choice but to join the Spanish steel cartel.

Argumentation of the Courts and Contemporary Legal Scholarship

2017 ◽  
Author(s):  
Adrian Kuenzler
Keyword(s):  
Case Law ◽  
Copyright Law ◽  
Court Case ◽  
Supply Side ◽  
Resale Price Maintenance ◽  
Goods And Services ◽  
Supreme Court Case ◽  
Resale Price ◽  
The One ◽  
Price Maintenance

This chapter analyzes existing U.S. Supreme Court case law with respect to, on the one hand, antitrust’s minimum resale price maintenance plans, bundling and tying practices, as well as refusals to deal, and, on the other hand, trademark law’s dilution, postsale, sponsorship, and initial interest confusion doctrines, including design patent and selected areas of copyright law. It demonstrates that courts, based on the free riding hypothesis, have come to protect increasing amounts of artificial shortage of everyday consumer goods and services and corresponding incentives to innovate. Through the preservation of such values, antitrust and intellectual property laws have evolved into “dilution laws” and have focused, almost exclusively, on the refurbishment of the technological supply side of our present-day digital economies rather than also on the human demand side of “creative consumption.”

Sign in / Sign up

Export Citation Format

Share Document