Minimum resale price maintenance in EU in the aftermath of the US Leegin decision

Download
index.pdf
2016-08-01
Haziroglu, Elif Cemre
Gokatalay, Semih
Show full item record
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
368
views
0
downloads
Leegin decision of the Supreme Court in 2007 affirmed that minimum RPM was to be evaluated under the rule of reason henceforth. Conversely, minimum RPM retains its position as a hard-core restraint in EU's BER 2010 and the De Minimis Notice. The limited amount of case law reveal that in the absence of certain factors, such as significant market power of the parties, minimum RPM is unlikely to result in the detriment of consumers. Consequently, despite the retention of the maintenance of the single market as a significant aim in EU competition policy, minimum RPM practices are entitled to a more lenient approach, if the ultimate aim is to attain consumer welfare as stated by the Commission and through most judgments of the Court of Justice of the European Union.
Antitrust law, US, EU, Art. 101 TFEU, Dr. Miles, Leegin, Minimum resale price maintenance, Hard-core restraints, Per se, Rule of reason, Appreciability standard, De Minimis notice
https://hdl.handle.net/11511/65399
EUROPEAN JOURNAL OF LAW AND ECONOMICS
Department of Labour Economics and Industrial Relations, Article

Suggestions

A study of article 23 of the protocol on the statute of the court of justice : experience of the United Kingdom
Aklar, Korhan; Aşçıoğlu Öz, Gamze; Department of European Studies (2005)
This thesis describes the system of submitting observations envisaged in Article 23 of the Protocol on the Statute of the European Court of Justice. The thesis seeks to illustrate and criticize the utilization of the system enshrined in Article 23 by the member states of the European Union. The experience of the United Kingdom is analyzed by examining the preliminary ruling judgments that the government of the United Kingdom has submitted observations in order to describe the system and demonstrate its appl...
Legal framework comparison of public procurement law with state procurement law
Yüksek, Murat; Erant, Engin; Department of Civil Engineering (2005)
This thesis makes the comparison of legal frameworks of the two Procurement Laws, the New Public Procurement Law (4734) and the Ex-State Procurement Law (2886) respectively. As a result of this comparison, it is seen that a lot of provisions starting from tender notice time limits to the awarding of contracts, have been changed substantially by the introduction of Turkish Public Procurement Law. Besides this comparison, the related procurement directive on construction works in European Community, namely EE...
State immunity in Turkish law: an analysis of the doctrine of state immunity in the light of the decisions of the Turkish Court of Cassation
Kök, İdil Buse; Polat, Necati; Department of International Relations (2012)
State immunity is a doctrine of international law, regulating a cluster of exceptions to the legal authority of the territorial state. According to the doctrine; acts, possessions and heads of a foreign state are not subject to the domestic justice system in an individual state. Traditionally, the doctrine builds on the concept of sovereignty, which is the regulating principle of the international normative order: since all sovereigns are equal, a sovereign cannot possibly be called to account before the au...
Essential facilities doctrine under ec competition law and particular implications of the doctrine for telecommunications sectors in Eu and Turkey
Ünver, Mehmet Bilal; Adalı, Orhan; Department of European Studies (2004)
In this study, the origin and main parameters of the Essential Facilities Doctrine are analysed through the case-law that developed out of the application of the EC Competition Rules. Besides putting forward the historical roots, the basic criteria and limitations that apply to the Doctrine are elaborated so as to clarify the legal and analytical foundations of the Doctrine in the EU context. In addition, the added value attributed to the Doctrine in realm of competition policies pursued in network-based in...
The real and the formal: Legal realism revisited
Polat, Necati (SAGE Publications, 1999-03-01)
The article aims to pursue a reassessment of one fundamental binary opposition legal realism invokes - the real and the formal. While some of the realist objections to the formal, mechanistic concept of adjudication have been insightful, the realist writers have been for the most part unaware of some of the formalistic and ultimately self-refuting presuppositions of their own rhetoric. This article argues that realism betrays its very rationale and mimics the mainstream formalism, as it effectively supplant...
Citation Formats
E. C. Haziroglu and S. Gokatalay, “Minimum resale price maintenance in EU in the aftermath of the US Leegin decision,” EUROPEAN JOURNAL OF LAW AND ECONOMICS, pp. 45–71, 2016, Accessed: 00, 2020. [Online]. Available: https://hdl.handle.net/11511/65399.
METU IIS - Integrated Information Service open@metu.edu.tr