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Vertical price fixing - we do not need the hawks!

Publication at Faculty of Law |
2014

Abstract

The article deals with competition law assessment of resale price maintenance (RPM) practices. First, the article describes the current status of competition law treatment of RPM primarily in the Czech and EU context.

Second, the author critically assesses that status from several perspectives (legal, economic, practical). Third, the author argues that the current harsh approach towards RPM which continues to treat RPM as a 'hardcore restraint' with a limited possibility of being exempted under Article 101(3) TFEU or Section 3(4) of the 2001 Competition Act is not appropriate and several variants of alternative approaches are proposed.